Common Crime Of Bribery

Anticipated that the possible theory holds the quite important status in the civil law country's criminal law theory, which has its own rationality, which has greatly strengthened profits to our country's criminal law theory, the criminal legislation and the judicial practice. Our country should give the corresponding supplementary and revision. The theory, which dating after the criminal law educational world's discussion, the question in Japan,Germany and so on countries, has formed the better and better theory construction finally.And in legislates and the judicial practice gradually establishs. At this point, the influence of anticipated the possible theory has already surmounted the national boundary, in national and our country's and so on Germany, date Taiwan area's criminal law educational world obtained the suitable degree establishment and application,which has aroused the numerous national interests.Anticipated that the possibility is in the special details which refers to an expert to good expert lasts, which can anticipate that the author carries on conforms to the spirit the behavior the possibility. If has the anticipation possibility, namely can anticipate that the author was an expert to good expert lasts the implementation to conform to the spirit the behavior, the author still violated this anticipation to implement the illegal activity, should investigate its responsibility; If non-anticipation possibility, even if has implemented the illegal activity, was still irresponsible. Anticipated that the possible theory to the responsibility recognized has provided the human nature rod, makes the responsibility to recognize that is more reasonable, is humanistic.In our country, to anticipated that the possible theory the research was still at the exploration stage. Anticipated that the possible theory has the remarkable value, has to our country criminal law theory profits from the significance. Looking over will occur in the near future in our country's some cases, now has the introduction anticipation possible necessity. In our country present criminal activity legislation contains is anticipating the possible thought that however, anticipated that the possible theory and our country existing crime constitution theory is unable to agree with completely. Must treat, the utilization anticipation possible theory reasonably, and in the introduction anticipation possible process, deals with its accurate localization, displays the anticipation possible theory by the time effectiveness to be able fully to cause it to have the positive significance to our country criminal law.