The Possibility Theory And Its Localization Are Discussed

Originated in Germany,the theory of anticipated possibility originally triggered in1896 the German empire in the court of second instance trial "horse" addiction,the mainland legal system countries such as Germany,Japan related scholars put forward and perfect,can be said,and is widely used in the legislative,judicial,Anglo-American law system countries,though not by the form of written codes to confirm,but also have evident in the related cases.The theory of expectation of possibility has rich philosophical,ethical and jurisprudential value basis,and its essence is the spirit of "tolerance" which should be included in the criminal law.About whether the theory of anticipated possibility should be introduced in China's criminal law and apply,profession current attitude is differ,this paper have a positive attitude,and in the process of the origin and development of the theory of anticipated probability and its value is based on the analysis,this article first from the development of the criminal law theory,social development stage,of course,the inevitable demand,is an effective means of individual justice three aspects to introduce the theory of anticipated possibility is analyzed,the necessity of criminal law in China,and then from the "benevolence","the doctrine of the mean","the righteous fold prison" legal source,such as soil,the foundation of the current criminal law system,criminal policy of tempering justice with mercy support three aspects discusses the introduction of the theory of anticipated possibility,the feasibility of China's criminal law.In order to determine the necessary and feasible two premises,this paper elaborates the introduction and application of the theory of expectation possibility and the relationship between the application and the criminal legislation and judicial practice in China.Relations with legislation embodies in: first,to the theory of anticipated possibility in China's criminal legislation has extremely profound significance,mainly reflected in the humanities concern,ethics background and special protection of vulnerable groups;Second,the introduction of the theory of anticipated possibility in our country should solve two basic problems: one is the type of man standard shall be looking forward to the possibility of defining the standard,2 it is the third element and criminal responsibility shall be the basic position in Chinese criminal law system of the theory of anticipated possibility,and thereby to its active effect in two aspects of conviction and sentencing;Thirdly,the theory of anticipation possibility should be reflected in the general principles of the criminal law,the division and the procedurallaw.The relationship between the judicial practice and the judicial practice is embodied in: firstly,the quality of the judges is required,and the judge should have the ability to give consideration to both the jurisprudence and the reasonable,have the empathy and master the principle of equity.Secondly,strict procedural principles,prudent principles and reasonable argumentation principles should be followed in the application process.Thirdly,the expected theory of possibility should be reflected in the function of conviction and sentencing,which can achieve the effect of the crime and reduce the penalty.