Theory Of Expectation Of Possibility In The Establishment Of The Criminal Law

Expected possibility theory comes from Germany, it is to the traditional criminal theory of a huge impact and challenges, it is extremely controversial also get a lot of crime experts and punishment law’s recognition and support, in the whole criminology in the process of the development of enduring, more powerful. Until now, many western countries are in criminology and criminal jurisprudence established the theory of expectation of possibility, accordingly, its in the judicial practice and also have the good effect. But the differences between Chinese and western in the legislative mode and judicial system great differences, plus the theory of expectation of possibility of huge itself controversial, leading to the theory in our debate has not stopped, it also led directly to the theory of expectation of possibility in our criminology and criminal jurisprudence delays in has not been established, this is some regret and pity. Based on the reality of our country law, our country in the process of introducing theory of expectation of possibility there are three big bottleneck:one is of a legally prescribed punishment for a rejection; The second is expected possibility judgment standard is difficult to control, The third is expected possibility to deliberately and criminal negligence evaluation imbalances. To get rid of the trouble, and follow up the international pace, in our country the existing conditions, can take "limit add exception" means will expect possibility theory in China’s criminal law system, which to a certain extent effective make up for our country in the theory of expectation of possibility of blank. This paper according to the theory of expectation of possibility in our country, there are many problems and combining with the advanced experience of the foreign legislation, trying to escape from theoretical basis and judicial use in two aspects of the theory of expectation of possibility feasibility analysis, the author, in order to expect possibility theory in our country criminal law system in the final establishment of provide reference.