On The Application Of Expected Possibility Theory In China

The theory of expected possibilities from Germany was initially formed in the early 20 th century and was popular in Germany,Japan and many civil law countries.However,with the stability of society in the middle and late 20 th century,the law is more scientific,and the application of the possibility theory in foreign countries is not so popular.But the theory still provides a good explanation for explaining some criminal law issues.For a long time,because of the inconsistency between China's flat and coupled criminal law theory and the expectation possibility theory,there are not many scholars who pay attention to this theory.However,with the increase of the absorption and reference of Western criminal law theory by the academic circles after the reform and opening up,the voice of applying this theory is getting louder and louder,but many scholars believe that it is opposed because there will be many problems.So is it necessary to introduce the possibility theory? How to solve the problem of acclimatization in China after the introduction? How big is the depth of introduction? The main research questions in this paper are based on the above.The order of the description of this article is as follows:The first part of the introduction mainly introduces the innovation points and research methods of this paper in the big direction,as well as the background and research significance of this paper.The second part mainly analyzes the theory from the subtle point.It introduces the source,the foothold of the theory,the status of the theory in the whole theory of criminal law,the criteria for judging,and the extent to which it applies.The specific content of the point-to-point is clearly displayed,and the comments and introductions of various opinions will be completely and completely revealed.The third part will introduce and analyze the theory into the various viewpoints of our country.The reason is that the system of crimes at home and abroad is very different,so the introduction of the theory of expectation possibility should be more flexible and find a suitable point with China's national conditions.This paper argues that the expectation possibility theory is a theory for sin,and therefore should be introduced as a function of guilty under certain circumstances.The fourth part is the purpose of this paper.It mainly analyzes the convergence between this theory and the legislation and judicature under China's national conditions.In legislation,relatives should be relieved of their responsibility for the shelter of relatives and even exempt from liability.In the administration of justice,this theory cannot be abused.In other words,it must be a special case in which the surrounding environment is abnormal at the time,and the interests of the people or the interests of important people are selected.Moreover,the actor is not free to choose.That is,the possibility of choosing a legal expectation behavior is weakened.