The Study And Reference On The Theory Of Anticipated Possibility

Law never force someone to do something against his will, cannot force the people to handle the matter which the average man is unable to achieve, this will violate the basic human nature. In the criminal law theory's responsibility discusses from the psychological responsibility the evolution which discusses in the case of the standard responsibility is to this maxim theorizing, the former emphasizes the criminality merely with the subjective rime's relation, the latter includes the responsibility ability, intentionally or error, anticipated the possibility, namely anticipated whether there is possible to judge the responsibility whether there is, thought that the psychological mistake was not equal to the psychology rebukes the possibility. So we while carry on the subjective crime fact judgment, must carry on the value judgment to this subjective crime, also must trace the process which this crime psychology forms, when fact behavior locates the objective environment as well as based on should affect the author to the author psychology influence whether at that time to have the choice to conform to the spirit the behavior the possibility or whether to have the choice to conform to the spirit the behavior possibility low possibility. The article is precisely discusses our country criminal law itself and the anticipation possible theory place of conjunction, meanwhile to this theory localization, Judgment standard, aspects and so on applicable scope carry on the discussion, anticipated that introduces this value judgment factor in our country criminal law crime constitution, Consummates our country criminal law theory , and Instruction criminal activity legislation and form judicature.The findings indicated that our country criminal law already had and the anticipation possible theory agrees with the place, and in the judicial practice manifests similarly is anticipating the possible thought, at present has introduces this theory the necessity and the feasibility, to this theory's model is the theory and the practice dual needs.