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Analyze The Theory Of Anticipated Possibility From The Wang Binyu Case

Posted on:2012-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
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The theory of anticipated possibility originated in the 20th century in Germany. Undergoing more than 100 years development, the theory has already took a very important position in the continent's criminal theory system; at the same time has the significant influence to it. In our country, there are many cases in recent years in relation to the theory, but as many differences between the china's criminal theory system and that of the continent's, and the defect of the theory itself, the theory of anticipated possibility has not yet formed on many subjects. This text, starting from the concept of theory, status, the judgment standard and the legislative and judicial relations aspects of anticipated possibility carries on the comprehensive analysis.This text is made up of four parts. The first part of Wang Binyu case, combined with the theory of anticipated possibility do general introduction. Mainly expounds the concept of theory, the formation and development of the situation, and applies the theory to give brief analysis to Wang Binyu death sentence. The second part discusses the theory of anticipated possibility of status and the judgment standard. Because of different criminal theory systems, the theory of anticipated possibility has great difference in our country on status and the judgment standard aspects. The author will introduce the academic different standards and published some humble opinions. The third part discusses some problems of the theory of anticipated possibility in criminal legislation. Begin with the theory's application and then expounds the theory of guiding significance in legislation, but at the same time also do not forget to reveal anticipated possibility in China's embarrassment and analyzes its reason, in order to let its maximum value. The fourth part discusses the application of anticipated possibility theory in judicative field. First introduces the theory of applicable scope, mainly is a super regulations applicable scope of the theory of anticipated possibility. After starting from examples, analyzes the theory of anticipated possibility in conviction in the specific application. Finally analyzes our country's criminal justice theory for reference. The whole text bases on the theory of anticipated possibility of basic research. Because of this theory in criminal law educational world has been controversial, the author discusses on some aspects of the problem failure to form a clear judgment, and can have different scholars point of view, and expatiates published some personal humble opinion. At last, because of the important position and the positive role of the theory of anticipated possibility in criminal theory system, the author puts forward the individual's expectations. Expecting this theory can be established proper position and judgment standard as soon as possible in our country and with a reasonable form to obtain the development and application.
Keywords/Search Tags:anticipated possibility, criminal theory system, Criminal responsibility
PDF Full Text Request
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