On The Necessity Of Introducing Expectation Phenomenon In China 's Criminal Law

The theory of Expectant Probability began in Germany in earnest. It developed in Japan. It is one of the important theory of criminal law system in the civil law countries. The theory of Expectant Probability plays an important role of criminal law countries. Currently, The theory of Expectant Probability although is showing a gradual decline in Germany and Japan. But the study of the theory is very popular in China. The voice of introducing the theory to our criminal law is also growing. The reason is simply that introducing the theory of Expectant Probability is significant to criminal incrimination value to the correct person for criminal behavior.In China’s current crime constitution theory of criminal law, the research for the theory of Expectant Probability is still at preliminary, non-system level. Theoretical research for the theory of Expectant Probability is still not enough specialized and in-depth. Because of this, the practice of criminal justice often shows a similar situation:the perpetrator’s behavior although has social harm, punishment basis law will go against to social ethics, mitigate the people’s criminal liability shall be lack of reasonable legal grounds. This runs counter to the principles of Legality, reflecting the country’s lack of flexibility in criminal law, in some cases, it will cause the public to question the criminal law, and damage the authority of criminal law, so that the effect of the criminal justice work will be compromised. For a long time, although our criminal law did not recognize that the theory of Expectant Probability’s existence and value to our criminal law explicitly, but There is no doubt that China’s criminal law legislation and judicial practice has demonstrated the application of the theory, such as the "self-defense" and "the emergency" at legislative level, the "Xu Ting case" "CuiYingjie case". "Yunnan He Peng case" at judicial level, so the list goes on. At the same time, from the value level, The theory of Expectant Probability reflects the legitimacy of criminal law. in line with the criminal law value of pursuit and the fundamental purpose of human rights of Criminal Law. Introducing the theory of Expectant Probability Criminal to our justice practice can resolve many conflicts. Therefore, the introduction of the theory of Expectant Probability to our criminal justice practices has significant theoretical and practical sense, this in-depth study is really necessary.I studied in six parts. The first part is the introduction. The second part outlined, Author outlined the theory of Expectant Probability by summarizes the literature and research. It includes the basic connotation, the value of evaluation and judgment criteria. The third part discusses the connection between the theory and our criminal law from the legislative and judicial levels. The forth part. Author discussed the need of the theory introduction in-depth. The fifth part analyzes the calm thinking about the introduction of the theory of Expectant Probability. It discusses what negative impacts of the theory introduction may arise. The sixth part. Author discusses the theoretical position of the theory and specific ideas on the application of the criminal law of the theory.