Font Size: a A A

The Application Of Anticipate Probability

Posted on:2017-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XieFull Text:PDF
Abstract/Summary:PDF Full Text Request
Since the origin of the theory of anticipated possibility has lasted more than hundred years time, the mainland legal system country criminal law has had a profound effect, is the production of expectation of possibility, makes the specification to establish responsibility theory, and the core member of the normal responsibility theory. Although in the present criminal law in our country, there is no similar concept, but over the years, with the continuous development of our country criminal law theory and criminal law is more tend to be more rational, expected possibility also attracted the attention of the people, and in the relevant criminal legislation and judicial interpretation, manifests the thoughts of expectation of possibility have appeared.In terms of the specific judicial practice, some judges in the process of handling of the case, also began to try to draw lessons from the thinking of possibility for the referee. However, due to the expected possibility at present in our country also study, for the problem of how to apply expectation of possibility is still a blank. In view of this, based on the judicial application of expectation of possibility, as the starting point of how to get the expected possibility is applicable to study the problem of judicial practice in our country.The text of the article is divided into three parts, the first part mainly is the development of the theory of anticipated possibility for a simple, this is the first step in the research of the theory of anticipated possibility. Then again it accordingly the legitimacy and rationality of expectation of possibility, expected possibility has been recognized widely, and, in turn, promote the development of the theory of responsibility, with its own rationality close,Relatively free will emphasize the offender can only responsible for its choice behavior; Care requirements for human weakness of the criminal law should be more rational, focus on individual; The modesty in the criminal law says the criminal law is a "necessary evil". Finally through the review of legal thought and its practice in the past dynasties, find the expected possibility thought and traditional Chinese legal culture in common.The second part analysis the necessity of expectation of possibility for reference in our country, and the current some scholars apply to the expected possibility concerns to make their own judgments. In addition, the expected possibility to really apply to the judicial practice in our country, some fundamental problems need to be further research and clear, involving its orientation, the applicable scope, super, legal and judgment standard from several aspects, only solve these problems, to talk about the specific applicable.The third part stands on the basis of above, also discussing expected possibility of specific problem. How will the value of expectation of possibility to play out and not make its abuse, it is relates to judicial control problem, specifically the weak loss of anticipated probability judgment, the subject of rights belong to, this issue through the case investigation to trial in the process of the lawsuit.To the trial, the judge needs to make a judgment on the case, the fact that first of all need to do is extract, screening of applicable law, and the results of the interpretation of law is not the same as the referee is very different, expected possibility here began to play its value, it can provide a new idea for us to interpret the law, make the application of the law more reasonable, more rational. Expected possibility as a crime reason, the impact on the behavior whether can set up the crime is huge, if you don't lack of expected possibility behavior, behavior crime, so also there is a distinction between the size of expectation of possibility, it's for sentencing the corresponding effects.
Keywords/Search Tags:anticipated possibility, criminal responsibility, constitution of crime
PDF Full Text Request
Related items