Look Forward To The Possibility Of Theoretical Research

The theory of expected possibility is originated from German. Now it is an important part of the criminal theories in the continental law system.There are various concepts about expected possibility. The broad concept suggests the expected possibility is decided on the inside factor and the outside circumstance, but the narrow definition suggests the expected possibility is only decided by the outside factor. At present, the narrow concept is in the highest flight in theory. The author also think it is appropriate because the expected possibility is only one of the elements of the responsibility. The expected possibility solves a person's responsibility from objective standpoint primarily.In addition, it is also a disputed topic whether the expected possibility is applicable in norm or in and out of norm. We consider the latter is reasonable. The situation of expected possibility in norm is reflected in the criminal law and can explain the person has the possibility. At the same time, the situation out of norm which is not reflected in the criminal law can also explain the possibility. Law is not almighty. It can't include all the occasions that reflect the expected possibility.Another puzzle emerges when this theory apply to the juristical practice. It's the problem of the judging standard. Some persons bring forward of the standard of the expected possibility founded on the person's status. However, other scholars objected the viewpoint. They think it is proper to judge the possibility from the standpoint of the common persons. Still others advance we should adopt legal criterion. The legal criterion is unusually used because it gives us no criterion in fact. When the law is constituted, it offers us the norm and ask us to obey. Therefore, no possibility will exist. The responsibility is a problem that is decided in the juristical practice. So it's fit to judge the possibility from other two standards.The theory is based on relatively liberty of the will, as well as it embodies humanism and limitation of criminal law. The criminal law deals with the cases by confining a person's right or liberty, and if possibility it will deprive a personof his interest and furthermore his life. So the criminal law ought to be based on impartiality and justness. The theory of expected possibility prevents a person from criminal responsibility when there is no possibility. This theory is in the person of the justness of the criminal law. Additionally, it solving the conflict between the citizen and the criminal law, as well as enhancing the authority of the courts and the law. Hence, the theory is adopted and accepted criminal legislation and judiciary broadly.At the same time, such a nice theory is not adopted by the criminal legislation and judicial practice of our country. And scholars in the field of criminal law lack the systemic study about the theory.When it comes to the theory, many scholars cite the opinions of scholars abroad. But our country differs greatly from the continental law countries in the theory of the criminal law. We ought to find a way to connect the theory with the theory of our criminal law. The theme of this article is trying to probe into this problem. The author hopes it can contribute a little to benefit our theory and legislation, judicial practice of the criminal law.