| The theory of anticipated probability is one of the significant liability th eoriesofthe continental law system in civil law system, which possesses the val ue orientation of individual justice. However, everyone is an independent indi viduals, therefore, the theory has the care of human nature at the same ti me, inevitably makes the judgment criteria of theory itself has the uncerta inty,the obscurity and uncertainty in the intrinsic value of the theory has intens e conflict with the priority for legalstability in the value orientation.The syste m of academic and practical law filed tried to reconcile conflict between the tw o value orientation, but the result is that the theory will be strictly controlled an d limited, which show up asthe decline of this thoery. What’s more, from the ext rinsic value point of view,the theory of anticipated possibility according to e ach person choice behavior of the specific circumstances to determine res ponsibility, belong to a kind of subjective imputation,the objectification an d socialization of responsibility can not co-exist with the subjectivization and et hicization of the theory. The theory is the product of major responsibility. And af ter the culpability was intended to objectivize and socialize,the theory was no lo nger suitable for the standard of responsibility judgement in the normative respo nsibility. Therefore, the theory gradually moves toward the decline.The above re asons made the theory inevitablely walk to the deline.Meanwhile, in China, it alr eady has relatively full-fledged and worked theory of constitution of crimes. An d China doesnot belong to the civil law system nor the Anglo-American legal sy stem, but the socialist legalsystem with Chinese characteristics. In China, there a re some similarities with the theory ofanticipated probability. If someone choos e to ingore or disregard those similarities and transplant the anticipated probabi lity stiffly, it will result unnecessary replication and conflict.Therefore, by analy zing the relationship between the theory of anticipated probability and theory o f constitution of crimes in China, the thesis shows that in China, we stand the ne gative position for the indigenization of the theory of anticipated probability in t he four elements of crime constitution system. |
