On The Significance Of Prospective Possibility To Our Country From The Principle Of Kinship-inside Shielding

Expectation possibility theory is the core value of "law does not impose difficulties".Since the birth of the theory of expectation possibility in Germany,it has played a great role in the function of criminal law.Although the theory of expectation possibility is not recognized in the criminal legislation of our country,it is undeniable that in the practice of criminal justice,there have been phenomena in which the theory of expectation possibility has been used to solve practical problems,such as the revision of Xuting sentence,the revision of Yuhuan and so on.This paper analyzes and studies the application of the theory of expectation possibility in China by combining with the system of " kinship-inside shielding " in ancient Chinese law,which also embodies "law does not impose difficulties".The text of this paper is divided into four parts:First of all,the author starts with the system of " kinship-inside shielding " in ancient Chinese law,and analyzes the system as a representative of Confucianism and its evolution;Secondly,the author introduces the connotation of the expectation possibility,and the historical origin.The expectation possibility was originally proposed by the scholars of the normative responsibility theory.This article extends to the present situation of research in our country by introducing the application of expectation possibility in Japan;Thirdly,the author mainly analyzes the importance and feasibility of applying the theory of expectation possibility in our country based on the system of " kinship-inside shielding " in ancient Chinese law.Although most scholars agree with the spiritual value of the theory of expectation possibility,we should take seriously the positive effect of expectation possibility on the reform of our criminal law based on the present situation of our judicial practice;Finally,the author makes a corresponding discussion on the scope of application of the expectation possibility,and then puts forward his own proposal on the specific path of application of the expectation possibility in China.It mainly includes the possibility of expectation in the criminal law and the specific crimes as discretionary circumstances and some specific circumstances of punishment in the criminal law.