On The Application Of Expectancy Possibility Theory In Domestic Violence Cases

Domestic violence has been a social problem for a long time,and the cases of violence caused by domestic violence have attracted wide attention.With the development of society,victims of domestic violence are not limited to women.In some families,men may also become the subject of abuse.This paper mainly takes the cases of domestic violence as an example to analyze how to solve such cases by using the theory of expectation possibility.The first chapter,the author will list the four typical domestic violence with violence in homicide cases,comparative analysis,it is concluded that even if the case is similar but in judicial practice of our country,such cases are still exist unfair phenomenon that conclusion.According to the analysis of this phenomenon at present scholars put forward to solve such cases of three typical theoretical basis,that they exist deficiencies,and expected possibility has a lot of workability,solve this kind of case is a new breakthrough.In the second chapter,the domestic expectation possibility theory is comprehensively analyzed,including its concept,status and judgment criteria,so as to have a good positioning for this theory.The third chapter is the extraterritorial investigation of the expectancy possibility theory.It mainly takes Germany and Japan as the typical representatives to analyze the theoretical research and judicial practice of the two countries' expectation possibility theory.The fourth chapter,chapter is the focus of this article,how the analysis using the theory of expectation of possibility to alleviate the domestic abuse case of the type of violence with violence in the defendant's criminal responsibility,firstly can't unlimited use of the theory,must to its limit,which leads to the limit applies the theory of anticipated possibility,the premise of the second analysis the theory of the cases in the class and eventually come to the conclusion.