The Beneficial Aspects And The Disadvantages And Applicable Range Of Expected Possibility

The Theory of Probability has always been in the mainland legal system countrycriminal law system occupies the important position of responsibility theory, becauseof the peculiar to the theory of anticipated possibility of humanity concern andsupport for the weak, the scholars in our country criminal law educational worldabout the introduction of expectation of possibility is always with great enthusiasm.But, because our country crime constitution theory and crime constitution theory ofcivil law countries there are many differences, the positioning of the theory ofanticipated probability and scope of application has become a focal point in theprocess of introduction. This article attempts to influence on the rationality of thetheory of anticipated possibility and positive analysis, and the defects and negativeeffects of the theory of anticipated probability.This paper has the following structure:The first part summarized the origin of the theory of anticipated possibility in theform of the introduction and the origin, and summary analysis the rationality of thetheory of anticipated possibility and the advantages and disadvantages, put forwardthe applicable scope of the theory of anticipated possibility is the focus of theresearch in this paper.The second part analysis anticipated possibility theory and positivesignificance for the main purpose. And is the philosophical basis of the theory ofanticipated probability will choose, will to freedom of choice is the precondition ofanticipated probability, the only person with the will freedom of choice, just pressedforward to possibility if there is necessary. Is the jurisprudence basis of the theory ofanticipated probability the austerity of legal basis The tolerance of sex in the criminallaw refers to the criminal law is other department law, only when other departmentlaw cannot fully protection benefit, can be as the guarantee of criminal law. Andanticipated probability provides a lighter punishment behavior of the person of reasonso as to reflect the modesty of criminal law. The ethical foundation of the theory ofanticipated probability is the attention to human nature, it embarks from the individual, acknowledged the weakness of human nature, ease the contradictionbetween the norms of criminal law and human nature, it is also looking forward to thepossibility of the first positive impact. Second expected possibility is the justness ofthe criminal law and humanity; Again, can help the transition of the function ofcriminal law value of anticipated probability, the development of modern societyrequires from the political function of criminal law criminal law gradually transitionto the citizens, standing in the position of anticipated probability, advocateindividualism, to suffer from the state coercive power oppression of the weakhumanity has injected strong assistance. Finally, the expected possibility will behelpful for the criminal law "populist" and reduce the distance and citizens of thecriminal law.The third part to analyze the defects and negative effects of the theory ofanticipated probability is given priority to, look from the expected possibility ofinternal defects first expected possibility theory has the fuzziness and uncertainty, inpursuit of individual justice will focus on the individual differences of anticipatedprobability, given the judiciary, the power of free judge these poses challenges to thestability of the criminal law and systematic. Expected possibility within the seconddefect is conflict with the principle of a legally prescribed punishment, which requirescriminal law rules and systems, for sure, all of this and looking forward to thepossibility of differences between individual positions. Contemporary society is fullof risk of increasing the social contradictions and limited scope of application ofanticipated probability, which are the external defects of anticipated probability. Alldefects will lead to the introduction of the theory of anticipated probability in theprocess of the criminal law system in our country produce certain negative effects:first can cause softening of criminal law, the second is likely to shake the criminallaw system in our country. Expected possibility to, after all, must be based on thediscretion of, and require the explicit and specific criminal law, how to solve thecontradiction between them is one of the important issues related to the introductionof the theory of anticipated possibility.In the last part of this paper will introduce a few kinds in our country how toposition the theory of anticipated probability point of view, this paper compare agrees with the view of liability category theory: on the one hand will be established as adeterrent of crime condition, on the other hand will be established as a liability.Localization of the theory of anticipated probability is to discuss its scope ofapplication, the author thinks that shall deliberate and mistake are made into the scopeof the theory of anticipated probability can reflect the essence of the theory ofanticipated probability. Around issues of expected possibility is the substantive law orregulations of this article mainly analyzes the three conditions: the first case foremergency actions should not be considered to have expected possibility, the idea isnot the same level, emergency actions are legal provisions in the criminal law system,the expected possibility is a kind of liability establishment or not and the degree ofthe size of the judgment condition; The second kind of situation in the criminal lawarticle15and article19is embodiment of expectation of possibility, expanded thescope of expectation of possibility; Criminal law article16this paper argues that thethird situation, is not expected possibility, article16of the act a lack of will to choosethe resolution for the premise of possibility.At the end of the paper claims that introduction of expected possibility theorymust be combined with the actual situation in our country, on the theory of expectedpossibility as super regulations of criminal law in our country. For expectedpossibility might be delayed order of criminal law point of view we need to reportwith optimism, the introduction of the theory of anticipated probability forconsummates our country criminal law system, and maintain and safeguard humanrights plays an important positive role.