Research On The Application Of Anticipated Possibility In China

Originally comes from the end of the 19th century the theory of anticipated possibility in Germany, after more than a century of spread and development, gradually to our country criminal law theory and judicial practice in areas such as the significant impact. Although there is no clear in our criminal law uses the term "anticipated possibility", but in general provisions and specific provisions of criminal law often reflects its ideological content. Looking forward to the anticipated possibility of development, has its profound basis of philosophy、law and ethics, the status of the theory of crime in our country is more important. Therefore, in order to better improve our criminal law theory system and perfect our country crime constitution theory and practice, we must further explore and research the related issues of anticipated of possibility.Because our country at present is in the period of social transition, social contradictions increasingly, how to effectively deal with conflict between law and social reality into the priority of theoretical circle. Nowadays many scholars both at China and abroad on the basis of the theory research results, combine the reality of the current criminal law of China, should be clear whether the anticipated possibility in Chinese criminal law system can be effectively applied, applicable scope includes what case, and in the practice of the Chinese criminal law should be how to concrete application, thus for our country’s legislation of criminal law theory and judicial practice reference anticipated possibility and explore the corresponding path.By studying the meaning of the theory of anticipated possibility, we can analysis of this theory to conduct a comprehensive and specific, excavate the theory behind the profound theory foundation, it is introduced into our country’s criminal law system, and to consummates our country’s criminal theory system on the whole, our country’s criminal legislation and judicial aspects bring huge boost; For the anticipated possibility theory were reviewed, including the theory of the concept, origin and theoretical foundation, can fully understand the theory deeply, and for the theory in our country after the concrete applicable to prepare and bedding. Because different scholars on the theory of different methods, the definition of concepts in the theory on the dispute is unavoidable. Since 1897, the" German horse case "addiction caused after the theory of anticipated possibility, through the efforts of the German scholars makes up the theory of anticipated possibility of continental legal system general recognition of the theoretical circle of criminal law; If we want to make the theory of anticipated of possibility to clear applicable in our country, also need to understand the theory in our country has the necessity and feasibility of conditions shall apply. From the current situation of legislation in China, and the theory and the basic principles of criminal law and prevention of purpose adapt can effectively explain why our country to introduce the theory, so that our country criminal law about the mechanism of sin can be perfected, and be able to use the theory of anticipated probability to effectively deal with the conflicts between legal and reasonable; To include theory of expectation of possibility in Chinese criminal law theory system, will have to find out in what field to apply, means that the theory in our country concrete applicable scope. It is applied to criminal negligence or intentional crime? It belongs to the substantive law or super regulations? These are the important problem we should clarify. Anticipated possibility if the effective transport in our country with, the author thinks that will give our country criminal law theory has broad and far-reaching practical implications. From the analysis on the impact of Chinese criminal law system of the theory of anticipated possibility can see clearly the theory for the perfection of criminal law system in China, through specific analysis of the theory in our country’s criminal legislation and judicial fields such as guidance, to further explain the promote to the importance of developing our country criminal law theory system.