Look Forward To The Possibility Of Theoretical Research

The theory of expected possibility in the theory of criminal law possesses afairly important place in many countries of criminal law system. It is adopted andaccepted in the criminal legislation and judiciary. Some scholars of the criminallaw started their research in recent years, but most of their opinions are open to thequestion. This article briefly talks about the basic content of the theory of expectedpossibility and appraises it in full-scale and deeply. In addition, the author thinkswe should inherit this theory critically in a criminal law and can't enlarge itsapplicable scope blindly.The following parts are construction of the text and abstracts of all chapters:The introduction is relevant to the necessity and possibility of theory ofexpected possibility. On the basis of present situation of judiciary practice andtheoretical study, the article illustrates the possibility of expected theory.Chapter A: Theory of expected possibility and its theoretical origination.Firstly, the article compares theory of expected possibility deeply on the narrowand broad sense. The case of "Defective Horse" which was decided by the forthEmperor Court caused scholars all around the world to talk and study theory ofexpected possibility. This theory originated from Germany, then prospered inJapan, finally spread to other continental countries. In our ancient law archives,there were lots of stipulations that reflected theory of expected possibility, such as"Shang Shu", "Lun Yu", and so on.Chapter B: Values of theory of expected possibility. From the angles of thetheory of expected possibility, the article talks the possibility in introducting theoryof expected possibility from parts of inherent law basis——normal directivefunctions, purposes of criminal responsibility. Then, the article illustrates someconcrete stipulations of criminal law which reflect theory of expected possibility.Chapter C: Free will and theory of expected possibility. This part gives rise tothe theory of free will which gives the standard to judge the concrete criminalresponsibility and theory of expected possibility.Chapter D: The standard to judge theory of expected possibility. From theangle of the expected people, the article compares judge theory of expectedpossibility according to responsibility, psychological attitude and other conditions. Chapter E: Reflections of judiciary practice and theory of expected possibility.The article gives proper grounds to the rights of legitimate defense and necessity.This article analyses the defects of our present criminal law on the basis of the casegiven by the famous professor Chen Xingliang, and then proposes that necessity isthe reasonable action to prevent the criminal responsibility. Finally, the articleconcerns the theory of expected possibility of specific obligor who undergoescompulsory measures.For the last chapter, as a kind of crisis theory, it gives us many importantsuggestions. It can narrow the distance between law and people, foster recognitionand loyalty to the law for the public. Therefore, theory of expected possibilityshould become guideline to promote the legislation of our criminal law.