Rational Research Anticipated That The Possible Theory

Anticipated that the possible theory holds the quite important status in the civil law country’s criminal law theory, which has its own rationality, which has greatly strengthened profits to our country’s criminal law theory, the criminal legislation and the judicial practice. Our country should give the corresponding supplementary and revision. The theory, which dating after the criminal law educational world’s discussion, the question in Japan,Germany and so on countries, has formed the better and better theory construction finally.And in legislates and the judicial practice gradually establishs. At this point, the influence of anticipated the possible theory has already surmounted the national boundary, in national and our country’s and so on Germany, date Taiwan area’s criminal law educational world obtained the suitable degree establishment and application,which has aroused the numerous national interests.Anticipated that the possibility is in the special details which refers to an expert to good expert lasts, which can anticipate that the author carries on conforms to the spirit the behavior the possibility. If has the anticipation possibility, namely can anticipate that the author was an expert to good expert lasts the implementation to conform to the spirit the behavior, the author still violated this anticipation to implement the illegal activity, should investigate its responsibility; If non-anticipation possibility, even if has implemented the illegal activity, was still irresponsible. Anticipated that the possible theory to the responsibility recognized has provided the human nature rod, makes the responsibility to recognize that is more reasonable, is humanistic.In our country, to anticipated that the possible theory the research was still at the exploration stage. Anticipated that the possible theory has the remarkable value, has to our country criminal law theory profits from the significance. Looking over will occur in the near future in our country’s some cases, now has the introduction anticipation possible necessity.In our country present criminal activity legislation contains is anticipating the possible thought that however, anticipated that the possible theory and our country existing crime constitution theory is unable to agree with completely. Must treat, the utilization anticipation possible theory reasonably, and in the introduction anticipation possible process, deals with its accurate localization, displays the anticipation possible theory by the time effectiveness to be able fully to cause it to have the positive significance to our country criminal law.Anticipates the possibility, is conforms to the spirit the behavior the anticipation possible abbreviation, anticipated that the possible theory stems from Germany, is person’s freedom of will degree external manifestation, it causes the responsibility for an offense establishment in more scientific and a fair foundation; In the judicial activity, anticipated that the possible essential factor may overcome the existing writing criminal law as the balance factor the limitation. But the anticipation possibility also has its inherent flaw, causes it to have some kind of potential conflict with the existing writing criminal law core value orientation. Although anticipates the possible theory in our country crime constitution not with it correspondence part, but anticipated that the possible basic spirit is worth for our country criminal law legislation and the judicature uses for reference.Although our country criminal law crime constitution system and the German-Japanese crime tenable pattern differ from, but uses in determining that the legal responsibility the principle basic is interlinked, thus our country criminal law theory profits from the anticipation possibility is also possible.In our country anticipated that the possibility is the criminal capacity negative factor, its function already may exempts the crime, may also take leniently, reduces or the absolution punishment reason. Is not only suitable for the reckless crime, is also suitable similarly for the intentional offense situation. May also be the legal matter, may also be the ultra laws and regulations matter, anticipated that the possible negative constitution including the fact important document and the value important document, the fact important document by the objective essential factor and the psychological essential factor constitution, includes the behavior objective situation specifically extreme and the behavior motive forms the nature, but is referred to the nature the behavior to be possible to forgive in the criminal law the nature. The non-anticipation possible judgment standard may use "take the author standard as the basis, take the average person standard as the reference" the subjective and objective unification said.