We Look Forward To The Possibility Of The Use Of Criminal Law In Our Country

With the development of the human society and civilization,the criminal law hasshrugged off the brutal and cruel in the past,pays more attention to respect for humannature and humane,people-oriented,carry forward the austerity of criminal law of thespirit.Originated in Germany at the end of the19th century,the theory of anticipatedprobability displays the respect for human instinct, flashing the glory of the human nature,human and once get the favour of the criminal law educational world. But because of therestriction of various factors, compared with the glory of past, this theory is graduallydeclining nowdays, there is no denying the theory itself does exist some shortcomings,in spite of his flaws, we can’t deny its overall value because of a little flaw. At a period ofsocial transition in China, the reason for crime presents the diversified characteristics,especially the actor in the objective special circumstances beyond our control such as fault,the victim could be forgiven for thinking.The author thinks that introduction of this theorywill not do more harm than good. In this paper, the text is divided into the following fourparts:Preface: mainly introduces some hard cases happened in the development of China’scriminal law, that currently exist in our criminal law and reason of conflict situations, andtries to find mitigating the contradictions in the continental law system of the ladder--thetheory of anticipated probability;Chapter I：through the analysis of the ideological basis of anticipated probabilityvalue and function, expounds the theory part is worth promoting and using for reference,to awaken our country criminal law academic circles the attention of the theory;Chapter II：through the analysis of the theory of anticipated probability in conformitywith the important principles in the current criminal law in our country to illustrate thenecessity and feasibility of the theory introduced into China, to perfect our countrycriminal law the crime mechanism, defuse the conflict between legal and reasonable;Chapter III: to our country criminal law theory introduction of problems existing in the process of expectation of possibility and how to properly solve these problems to carryon the simple analysis, and the theory is introduced into our country in the legislative leveland judicial operation carries on the preliminary assumption, in order to perfect ourcountry criminal law theory.