The Research On The Expectation Of Possibility

Expected possibility in the early twentieth century German. In the continental law system country criminal law theory study, the more likely also had to determine the norms of the core status of responsibility. But the possibility to expect China started relatively late research, because our country criminal law system and the continental law system, the gap in many problems have not form a unified. Thus, this paper from the basic theory of expectation of possibility, applicable standards, expected possibility in the theory of Chinese criminal law status and reflect on various aspects, and gives a brief analysis of the possibilities of expectation. Another at the end of the paper, the possibility of looking for some.The body is divided into four parts: the first quarter, basic theory of expectation of possibility, mainly elaborated starts simple concept, the theory of expectation of possibility and progress of thought germination. Also the theory of expectation of possibility is for all the attention and favored by scholars, one is the responsibility of the growth of the soil, or on the austerity of criminal law, in addition to the requirements of the criminal law is humanitarian. In the second quarter, the standard expected possibility. This section first introduced the existing criminal law educational world has been on the doctrine, and standard based on the standard of people and events based on two kinds of behavior standard said were analyzed, and then analyses the advantages and disadvantages of various theories, the author compared various types of people said that more than other standards theory. The third quarter, the theory of expectation of possibility of status. This section begins to theory of expectation of possibility in the continental law system status of several representative theory are introduced, and then on to the possibility of our various theories, then introduces briefly analyzed, and finally the pros and cons of the theory of families in China through the crime with the mainland legal system country criminal theory analysis of the gap between the status of the Angle of expected possibility to determine the embarrassing. In sex Finally the author holds that the theory of Chinese criminal conduct necessary correction, namely the positive elements (four elements) should also introducing negative elements, when certain conditions, by the negative elements of the crime accomplishment to deny, thus resistance to achieve deterrent effect but crime responsibility. Then the expected possibility in the negative elements of positioning. Fourth, the theory of expectation of possibility in China's criminal law's embodiment and reference. The theory of expectation of possibility of research and exploration, in the final analysis, it is to make the criminal law of China produced a constructive role. This section is analyzed, the first possibility to present the criminal legislation and judicial, at the same time, the author reflects on the principle of not abuse and applicability of some of the criminal to stipulate whether reflects the possibility, puts forward some opinions. Finally, how to reference in our criminal theory of expectation of possibility of shallow point forward.