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Look Forward To The Possibility Of Theoretical Value And Learn From

Posted on:2010-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:J ChengFull Text:PDF
GTID:2206360275471322Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
A concern for the theory of anticipated possibility from us was attributed to that for the criminal responsibility.In history of the criminal responsibility; there were many principles, such as the morality liability, society liability, mentality liability and normal liability. In this process, the change was not only the controversy between subjectivism and objectivism but also the social background and concepts behind the criminal responsibility. The anticipated possibility, the core of the normal liability, originated for a German criminal case, was referenced by Japan and became an important part of the Civil Law.There are many inadequate and defective aspects in our system of criminal responsibility. It is an important significance to integrate the theory of anticipated possibility into our criminal law based on rebuilding our criminal construction and completing our criminal responsibility. This article, including the four-part, attempts to carding the history of the theory of anticipated possibility and analyze the necessity and feasibility about leading it into our criminal law. The first part introduces the history and development of the theory of anticipated possibility, the definition, the status and the applicable standards of this theory is introduced in the second part, the following part mainly reveal the three values of the theory, the last and the most important part elaborates the way of leading this theory in our criminal law.
Keywords/Search Tags:Anticipated Possibility, Criminal Responsibility, Reference
PDF Full Text Request
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