Judicial Application Of The Theory Of Expectant Possibility

Empirical analysis shows that in China,the number of cases involving the application of expected possibility is increasing year by year,and the theory of expected possibility is gradually being recognized.In practice,the judicial organ mainly applies the theory of expected possibility as the cause of crime or minor crime when the defendant has difficulties in economic life,the victim is at fault,the obstruction of justice between close relatives and special related persons,the perpetrator has reason to believe that his behavior is a legitimate behavior,violates the law due to the negligent instruction of public servants,and obstructs public service in order to avoid arrest after committing a crime.However,when applied,the procuratorial organs mostly commit crimes directly on the grounds of non prosecution,while the judicial organs mostly deal with leniency on the grounds of low possibility of expectation.On the whole,the judicial application of expectation possibility presents a cautious expansion trend.However,in practice,there are still some problems and risks that need to be solved,such as being incompatible with the old criminal system,being confused with other causes of crime,and expecting the possibility to be widely used.The judicial application of expected possibility needs to clarify its basic position,that is,based on the hierarchical crime constitution system,limit the theory of expected possibility,and endow it with more substantive connotation from the perspective of the necessity of prevention.After clarifying the basic position of the application of expected possibility,we still need to pay attention to the situation of expected possibility as the cause of penalty relief;Clarify the relationship between the possibility of expectation and the possibility of illegal cognition;Organically combine the accurate determination of individual crime legal interests with the judicial application of expected possibility;Using the theory of criminal law to solve the identification and discretion of "post event behavior" related to expected possibility.