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The Study Of The Theory Of Anticipated Possibility

Posted on:2012-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:X L GuoFull Text:PDF
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Since China is in a period of social transformation, people's lives are changing constantly and the polarization between the rich and the poor is aggravating gradually .Some factors which aren't conducive to social stability always played an important role in the process of the formation of the motive for the crime. In criminal justice practice, cases that reflect the theory of anticipated possibility became common now on which more attention should be paid.The theory of anticipated possibility originated in criminal system of civil law countries. Through advocacy, debate and criticism, it has gradually been perfected and developed and has possessed a fairly important place in criminal system. The theory of anticipated possibility has three theoretical bases including philosophy, human nature and legal basis. Since there's a wide gap of the constitution of crime between, we should not copy the theory of anticipated possibility mechanically; but the gap can't hide the value of this theory, which is common spirit and philosophy of human society. Being based on our criminal law theory and the practice of the criminal justice; our criminal law should combine the theory of anticipated possibility and our current criminal system. We could abandon its preformed position in civil law and grasp its essence under the premise of unwavering China's current criminal system.We can anlehnung the theory of anticipated possibility through the combination of interpretation and legislation. First of all, we should take the theory of anticipated possibility into our criminal law directly from the view of legislative point. Secondly, from the perspective of interpretation, the theory should be subject into the existing Criminal Code and the corresponding theory of criminal law directly to be digested within the local legal framework, such as explaining the coerced or induced offender, excessive necessity and other reasons by use of the existing criminal law. We should judge the case of the embodiment of the anticipated possibility directly applicable to the corresponding provisions of criminal law, including both the case without the anticipated possibility that does not constitutes a crime and the case of which the anticipated possibility decreases causing the reduction of criminal responsibility.
Keywords/Search Tags:the Anticipated Possibility, Responsibility, Status, Anlehnung, Way
PDF Full Text Request
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