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The Theory Of Anticipated Possibility Theory’s Application In China

Posted on:2014-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:H H KangFull Text:PDF
GTID:2246330395493275Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This article would expect the awareness and respect of the basic problems of the theoryof probability is that premise my pass of the need to look forward to the possibility theory isapplicable in our country, feasibility, and specifically how to be applied in our country to giveemphasis on discussion forward to the possibility of the theory can be coordinated with ourcriminal justice system can play its due role in the judicial practice, not just stay in the levelof theoretical discussion. If appropriate in the current criminal law theory draw on the idea ofthe anticipated possibility theory, our criminal law will better improve the more controversialissues will be resolved, so drawing look forward to the possibility of necessary.This article to remove conclusion, is has five chapters, first of the paper, begins with ourcurrent situation leads our country needs to look forward to the possibility theory.The second part of the theory of anticipated possibility overview, which covers themeaning of the anticipated possibility theory, produce, development, and significance. Thecurrent theory of anticipated possibility controversy stems from the conceptual aspects basedon what the definition of the theoretical circles mainly negative, positive and comprehensivedefinition.But in Japan and look forward to the possibility of theory has been high importance inWorld War II, and still look forward to the possibility of theory is that the general Reason toHinder. But in recent years, look forward to the possibility of theory in Japan also began thetrend of decline. Although theorists now is still very great importance to look forward to thepossibility of the value but then to look forward to the possibility of the theory, but practicalin Japan adopted a reserved attitude. Its status theorists do not have a unified conclusion, thismainly by the following viewpoints: the ability and responsibility, intentional negligence tiedfor the third positive elements of the responsibility, as intentional, elements of negligence,intentional the ability of the fault and responsibility of the elements of the principle ofresponsibility.The third part introduces the theory of anticipated possibility of application in foreigncountries, where the main analysis moral possibility theory date to be applicable, introduces the applicable standards in foreign countries, Scope. Now the theory is applicable in Germanyand Japan are not very optimistic, but Japan still look forward to the possibility of the theoryof value is very important to see, is only applicable in practice very conservative, applicablestandards blossom contending, but the main there are three points of view: the perpetratorstandard that most people standards and standards for the type of people said.The fourth part focuses on in our country the applicable look forward to the possibility ofthe necessity and feasibility of the theory, based on the reality of our country, learn a foreignapplicable, need to apply in our country, according to China’s criminal law traditional thinking,as well as our current needs to analyze the feasibility of applicable; last part of that ideaapplies specifically on in our country, mainly from the Improvement of the legislation, theapplicable standard, the scope of application, as well as the applicable procedures discussed.While looking forward to the possibility theory is applicable in the developed countries notvery optimistic, but look forward to the idea of possibility theory happens to coincide withChina’s ancient ideology of the Penal Code also looking forward to the presentation of thetheory of probability, based on these two point, look forward to the possibility theoryestablished in our country is a perfect fit. In view of China is now in a society in transition, isthe urgent need to look forward to the possibility of the emergence of the theory to reconcilesocial contradictions, to increase the legal trust, and build a socialist country under the rule oflaw as soon as possible. Finally, look forward to the possibility of theoretical as well asspecific programs on how to establish in our country mention some small feasibility proposal.
Keywords/Search Tags:looking forward to the possibility of theory, feasibility, necessity, applicable
PDF Full Text Request
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