The Applicable Basis And Range Of Anticipated Possibility

Anticipated possibility was born in Germany,it was shows the value of the law proverb:Law can not force people to what they can not do,it shows warmth of criminal laws.In China,the Criminal Law and judicial practice has no provision about this.But it can ensure the modesty of criminal laws and solve some special cases.It can balance the justice and case,so the use of it is very important for us.Besides,our criminal policy,basic principles,objective and provisions provide the basics of the anticipated possibility.The anticipated possibility is element of negative responsibility,it is used in hierarchical criminal system,in order to eliminate the contradictions of our criminal system,we can division the illegal elements and responsible elements to judge whether the crime is established.The judge standard of it,we should based on the capability and attached circumstances of actor,compare with the others who has the same temples with the actor.Because the criminal law has not provide the anticipated possibility,so we can use it as reasons for liability reduction and should limit the use of the reasons of anticipated possibility of extra-statute.Only when the important interests of actor or his relatives in danger,he can not choose the legitimate behavior,and he can get a lenient punishment.We can use the anticipated possibility to solve the obstruction of justice of relatives,battered women murder the husband,active euthanasia and sacrifice the lives of others to protect our own lives and so on.