The Justification And System Design Of Expected Possibility Theory Introduced Into My Country

The theory of expected possibility originated in the nineteenth century and was established in the early twentieth century.With the deepening of research on the theory of expected possibility,more and more scholars have begun to attach importance to this theory and believe that it is feasible to introduce expected possibility into China.These scholars unanimously believe that the traditional legal concept and the value concept behind the possibility of expectation are inherently unified,and the philosophy and rationality they embody are of great significance to the theoretical development and practical operation of China’s criminal law at this stage.European law proverb "The law is not strong,the theory of possibility that people expect is developed slowly based on this motto.In criminal judicial practice,there have been cases of using expectation possibilities to solve practical problems,but in criminal legislation,the theory has not yet been legalized and has not been clearly recognized by legislation.At the same time,from the beginning of China ’s research on the possibility of expectations,the majority of scholars have agreed that the reason why it is difficult to introduce in China,we should be clear that for the introduction of a theory,it is not necessary to transplant once and for all.The value and structure of the criminal law of China to find suitable soil and operability in China.The main research issues in this article are based on the above contents.The study of the article follows the following context:The first part is to introduce the origin and development of expected possibility for the basic theory of expected possibility;the definition of expected possibility theory is controversial in academia,and there is not yet a general statement.On the basis of narrow sense,it will be used as the basis of responsibility.The connotation of clearly anticipating possibility is the key to understanding the theory.The relative freedom of will,human nature,the nature of responsibility and the modesty of criminal law all contain the connotation of this theory.The second part is based on the basic theoretical research of expected possibility,and the focus is on the feasibility of introducing expected possibility.Expecting possibility is a theory of weakening responsibility,devoted to "criminalization",and our country takes "criminalization" as the starting point,which is not conducive to human rights protection.Therefore,the value of expectation possibility is officially urgently needed in our judicial practice of.Therefore,the introduction of the theory of expected possibility in our country is an inevitable trend of the development of the criminal law system.Based on the differences in the system of criminal establishment and the inherent shortcomings of the theory,we recognize that it is difficult to introduce the theory of expected possibility into our criminal law system,and it is also urgent to solve the problem at this stage.The third part,compared with criminal legislation,the theory of anticipatory possibility is applied more in judicial practice.Therefore,the article mainly studies from the perspective of judicial practice.The practical point of view is the concept that the staff should hold and how to strictly control in practice to control the application of the theory,And finally trying to use the theory to solve controversial issues in practice.