Look Forward To The Possibility Of Theoretical Feasibility Study On The Introduction Of The Criminal Law

The possibility of expectation is refers to the concrete situations in the possibility of human behavior, can look forward to carry out acts of legal act, is anticipated possibility of legal act as, theory of the anticipated possibility stems from Germany, mature in Japan, is an important theory in continental law system in the country. The theory of anticipated possibility emphasis on human care, emphasizing the possibility of making legal acts in special conditions, if the actor has the condition in the act to make legal behavior, behavior person has implemented the illegal act, should be held accountable; if there are no conditions to make legitimate behavior, even if the implementation of the illegal behavior, should not be guilt. Expectation possibility theory in responsibility, provides the human scale, the responsibility more reasonable, full of humanity.In our study of the theory of anticipated possibility remains in conjunction search and China’s criminal law system, China’s traditional legal thought is similar to the possibility of system, just after the founding of new China adopted a similar Soviet crime four elements theory, crime constitution theory emphasizes in strict accordance with the various elements to examine whether an act constitutes a crime, the crime constitution theory is a yuan, China’s current criminal constitution theory for the absorption of introducing the theory of anticipated possibility there is a certain degree of difficulty, but the theory of anticipated possibility value is obvious, its value idea has lessons for the development of the theory of criminal law and the the judicial practice, our country is the full construction of well-off and harmonious society, in the criminal justice, vigorously implement the leniency of our country in recent years, a series of controversial cases, highlighted the lack of current our country criminal law theory, the theory of anticipated possibility for more intense in academia and, can be said that the anticipated possibility introduction it is important for China’s current many urgent problems, introducing the theory of anticipated possibility but not simple Single copy, must find a meeting point, find a way not only not destroy our present criminal law system integrity but also maximize the expected possibility theory value of road, so we must carefully analyze.This thesis consists of six chapters, the first chapter introduces the significance of the research background of this paper and the theory of anticipated possibility as well as the current our country home and look forward to the possibility of course, points out that in China has been studied on the theory of expected possibility, anticipated possibility is helpful to crime in China’s criminal law theory development, and can solve the domestic many of the problems be in suspense. The second chapter introduces the origin and development of anticipated possibility, depicts the tortuous development of the anticipated possibility, the development to the test today has been the history of time and. The third chapter introduces the concept of value of anticipated possibility, then the possibility of expectation and Chinese traditional legal thought resonance point, look forward to the possibility of introducing is to look for. The fourth chapter has carried on the proof to the feasibility of introducing the anticipated possibility, lists several current mainstream of the theory of anticipated possibility view, and one one are analyzed, finally draws the conclusion of anticipated possibility can be introduced into the criminal law system of our country. The fifth chapter discusses the possibility of expectation into the scheme, analyzed two kinds of schemes currently occupy the mainstream, advantages and disadvantages of the two kinds of scheme are analyzed. The sixth chapter discusses the theory of anticipated possibility in the judicial practice how to carry on the control, respectively, from the prosecution and trial of the two links are analyzed, lists several can control the anticipated possibility measures, to prevent the expansion caused by judicial discretion due to the introduction of the anticipated possibility and abuse.