Research Expectation Of Possibility From Our Judicial Practice

This thesis is based on Germany, Japan and other countries on behalf of the civillaw in a criminal law theory-look forward to the possibility of as the object of study.Normative theory of core theory, belongs to the civil law system of three-class crimeconstitutes one of the elements of accountability in the criminal justice system of theabove-mentioned countries. Look forward to the possibility, from a content point ofview, the objective circumstances in based on behavior, looking forward to theperpetrator is not a crime and the possibility of appropriate law. Based on this theoryexpressed by a financial situation in the spirit of the law, humane care come toexplore whether there is a need for its existence and feasibility in the criminal justicesystem in our country. However, due to China’s criminal justice system and the civillaw there is a huge difference on the system, and look forward to the possibilitytheory abstraction,the author in the paper for a more cautious approach to exploreand look forward to the possibility of the introduction and fusion. I demandcombined with our judicial practice leads to theory of anticipated possibility, andthen review the different viewpoints of scholars to look forward to the possibilityconnotation, standards, system status, and make their own little insight on this basis.Finally, I combined case analysis to look forward to the possibility of positioning thepaper to prove the feasibility and made some suggestions.This article, I agree with a narrowly look forward to the possibility of concept thatis based on the realities of behavior, can look forward to the perpetrator does notcarry out criminal acts and the implementation of the law’s behavior; impossibility ofthe contrary, was looking forward to. Look forward to the possibility of theapplicable standards following the mainstream view: national standards standards forthe behavior of people said, the type of person standard that the average personstandard says. Commentary for each view, the author of the standard that thetendency of the average person and reveals the standard that the co-existence oftangible real, to further explore the nature of look forward to the possibility of theapplicable standard. Look forward to the possibility of system status is different fromthe author collocated mainstream view of criminal responsibility, but tend to beincluded in the Sentencing. Balance between the interests of China’s criminal lawsystem of constitution, yet effective may limit the abuse of the theory. Finally, I selected a few scholars believe is necessary to the applicable look forward to thepossibility to solve the case, in our criminal justice system under analysis in the case,investigated whether the trees can not be an effective solution and requires the use oflook forward to the possibility. The analysis results show that, within China’scriminal justice system for the settlement of such cases is not a major obstacle, evenif there are some problems, also without benefit of looking forward to the possibilityto be addressed. This further confirms the author placed the theoretical in Sentencingstatus rationality.