Look Forward To The Possibility Of Research

Probability of expectation is distinctive in the theory of criminal law in continental law system . It is widely accepted and applied to practice in such countries as Germany and Japan , as well as in Taiwan province, China . But the Chinese theory of criminal law is lacking in the research on such an important issue . The dissertation presents a special approach on probability of expectation in the Chinese theory of criminal law.The dissertation is composed of six parts :Part I is an introduction . The introduction clarifies the implication of the theory , and the value of such research.Part II centres on the development of the theory in Chinese and foreign history .Part III analyses the theoretical grounds for probability of expectation . The analysis is made from different angles : ( i) philosophical ground : comparative liberty of will; (ii) ethical basis : humanism ; (iii) reason in jurisprudence : judicial activism ; (iv) basic idea in the theory of criminal law : restraining of criminal law ; (v ) foundation in the theory of criminal responsibility : theory of normative responsibility .Part IV is a survey of legislation and judicature for probability of expectation . Probability of expectation lay the theoretical foundation for the legal limitations of liability in most European countries , while in Japan it is a supra-law ground for elimination of liability , and there are also certain judicial precedents to which such a theory is applied.Part V discusses the main problems to realize the localization of probability of expectation in Chinese theory of criminal law . ( i ) on its position in constitution of crimes : probability of expectation is a constitutive element of criminal capacity in Chinese theory ; (ii) on its criterion of adoption : the criterion of its adoption should be judged generally ; (iii) on the scope of its application : probability of expectation can be applied to all forms of crimes including intentional crimes .Part VI makes research on the legislation of probability of expectation in Chinese criminal law and its application to judicial practice . In the existing social environment for legal system , probability of expectation being a supra-law ground for elimination and mitigation of liability is reasonable . Three improvements should be made in Chinese criminal law : (i ) The clause on probability of expectation should be added to the general provisions of criminal law ; (ii) An escape clause should be made in the articles about the crimes of harboring criminals ; (iii) Those mitigating and eliminating circumstances the theory can be applied to should be clearly stipulated hi Chinese criminal law . In addition , some problems which should be attended to when the theory are applied to practice are also studied in this part.