China 's Criminal Law Should Establish The Theory Of Expectation Possibility

look forward to the possibility theory is the parties’violations from judgment guilty theory, criminal law focus in the circumstances of the perpetrator, the perpetrator can expect to make some kind of behavior in line with legal requirements;if the parties can not be expected to make the behavior of the law, the parties’behavior in violation of the law do not constitute a crime. Theory of anticipated possibility to establish a philosophical basis for the relative freedom of the will, humanity foundation for human tolerance, the legal basis is that the criminal law Modesty. Addiction horse case "look forward to the possibility of the origin of the theory originated in Germany and Japan after the introduction of the theory, the theory in Japan developed by leaps and bounds. Look forward to the possibility of the theory itself is flawed, after World War II, the status of the theory of criminal law in Germany and Japan have repeatedly decline. The introduction of the Criminal Law look forward to the possibility of the theory of the necessity that the theory better reflect the value of the pursuit of criminal law, to solve the difficult problems that exist in the administration of justice and to improve the efficiency of the criminal justice. Course, there is also the introduction of look forward to the possibility of the theory of soil, and a lot of the basic principles of criminal law and criminal law provisions and look forward to the possibility of fit, this is our introduction of look forward to the possibility of creating favorable conditions. China can look forward to the possibility of some impact and weakened in the Criminal Law Article added after provisions:behavior look forward to the possibility of human behavior can be properly mitigated punishment; the behavioral deficits anticipated possibility may be dispensed penalty. In addition, the Penal Code or judicial interpretation should also be clear that to look forward to the possibility of the constituent elements, including: basic objective elements:the non-normal objective accompanying situation; subjective mental element:is to do one thing is a last resort, things beyond their expectations can not control as well as the original purpose to do this thing has changed; the ethical norms elements:ethics that behavior can tolerance; Criminal sexual value elements:that behavior may exonerate criminal law. In addition, in judicial practice, the court also should be explored look forward to the possibility of the applicable general rules.