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Looking Forward To The Possibility Of The Theory Of

Posted on:2005-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z C MaFull Text:PDF
GTID:2206360125957357Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The theory of anticipated possibility, as a kind of criminal law theory, which was proposed by the school of norm liability at the early 20th century, studies behavioror's subjective side (liability) to serve the continental law system's criminal theory. When behaviorors have no choice but to commit crime, they should be immune from penalty. These kinds of issues in criminal law area are called the theory of anticipated possibility. The pith of the theory is that law doesn't force people to what they can't do. Due to showing the humanism of criminal law, the theory of anticipated possibility has already been the current doctrine in the countries of continental law system and Japan, otherwise it has also been adopted in legislative and judicial practice. Lethal demerits in our country's criminal theory and contradictions coming from this in practice make our country's criminal law greatly need the theory of anticipated possibility in theory and practice. On the basis of discussion for the adoption necessity of the theory of anticipated possibility, this article attempts to explore the theoretical foundation of the theory of anticipated possibility, reflect on judgment criterion of the theory of anticipated possibility and set the theoretical situation of the theory of anticipated possibility in a bid to do some work for perfecting our country's criminal law theories.The article is divided into four parts: the first part explores our country's urgent need for the theory of anticipated possibility in theory and in practice, which become the prelude to the research of anticipated possibility; the second part studies the theoretical basis of anticipated possibility including relative free wilk humanism of the criminal law norm institution the aim of the criminal law and the modesty of the criminal law, which offer the reason for this article; the third part covers the thorny judgment criterion of anticipated possibility, and through comparing the opinions of previous schools the criterion of type throng is considered the most reasonable criterion of anticipated possibility, at same time the author gives amble reason; the fourth part proposes that we should discuss the theory of anticipated possibility on the basis of the continental law system's criminal theory. On the basis of this, the situation of anticipated possibility in liability theory is studied, and at the same time the article points out the perfection of our country's crime institution theory to protect human rights.
Keywords/Search Tags:anticipated possibility, humanism of the criminal law, judgment criterion, situation theory, crime institution
PDF Full Text Request
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