Expect The Judicial Application Of Possibility Theory

Although it has been a long time since the discussion on the judicial application of the theory of prospect possibility,it is still a hot topic in the study of criminal responsibility.As a hot spot in the tradition,the maximum tension of its theory lies in the expectation of possibility theory,which links the judgment of responsibility with the objective environment other than the subjective mental ability of the actor,thus full of the glory of human nature.Its core idea is: only when the actor can make a choice for his own behavior,can he have moral responsibility for his behavior;If a person's behavior is simply unable to avoid,there should be no moral responsibility for the inevitable behavior,let alone legal reprehensibility.In essence,the basis of moral reprehensibility is the free choice of the individual,and the judgment of responsibility in judicial practice is based on this core idea.Based on this,this paper mainly focuses on the application of the theory of the possibility of expectations and the application of the two aspects such as the basis for gradual expansion of the discussion.Specifically,the thesis mainly includes the following three parts:Chapter one: the general definition of the theory of expectancy possibility.The theory of expectancy possibility was firstly originated in Germany,and the most typical two countries are Germany and Japan,which have completely different attitudes towards this theory.As far as the current situation is concerned,Germany holds a limited attitude towards this theory in practice,while the Japanese theoretical circle highly praise this theory.The judgment standard of expected possibility is also one of the historical topics.There is no doubt about this standard at home and abroad,which can be roughly divided into three standards: actor standard,average person standard and national standard.The judgment standard of expected possibility is also one of the historical topics.There is no doubt about this standard at home and abroad,which can be roughly divided into three standards: actor standard,average person standard and national standard.Of course,the applicability value of the theory of expectancy possibility can not be ignored either.Both the theoretical value and the applied value are the necessary conditions for us to use the theory of expectancypossibility for reference or reference.The judgment standard and applicable value of the theory of expectation possibility can construct the general definition of the theory from the part of theoretical basis.Chapter two: the application basis of the theory of expectancy possibility.This part starts with the judicial application basis outside China,and introduces the important legal provisions and major classic cases reflecting the theory of expectation possibility abroad,which can better provide reference experience for our country's judicial practice.Not like foreign system of the theory of expectation of possibility in our country,but does not represent the law of our country without the embodiment of the value connotation of the theory of anticipated possibility,in terms of an accomplice of duress in our criminal law article excessive,excessive defense clause,safety provisions contained in the legal basis and the connotation of the theory of anticipated possibility theory,how to better from these terms and conditions found in our country,the theory of anticipated possibility to the standardization of the survival and development is based on the focus of this chapter,the research is whether a behavior expected possibility,From the external objective fact,the internal fact as well as the behavior moral value judgment threefold distinction,layer upon layer progressive,provides the support for our country's criminal legislation and the judicial concrete application.Chapter three: the application of the theory of expectancy possibility.In the process of the development of the theory of anticipated possibility should apply in what kind of cases,the ideology is expected possibility in the intentional crime situation should be how to grasp and criminal negligence cases will face what kind of trouble,might apply in the safety situation and rules,a reasonable explanation on these controversial issues,to confirm the again not only has the theory of anticipated possibility theory has its unique charm,can shine more applicable in the field of criminal justice.