Anticipatory Possibility Of Practical Logic And Applicable Restrictions

The theory of expected possibility originates from the German criminal law,and it is the content of responsible judgment in the composition of class crimes,which can be used as the cause of obstruction or mitigation.The relevant legal provisions in China’s current criminal law exist in a series of situations that are too mechanized in judicial practice.For judges in judicial judgment cases,they have lower discretion,so in certain cases,the trial process In China,the rigidity of the criminal law is more obvious,and it is difficult to soften the criminal law to obtain fairness and justice in the trial of the case,which will lead to the situation that the judgment results are contrary to the common sense of the person.Based on this,we can learn from the relevant expectations in the German criminal law The relevant provisions of possibility are particularly necessary to maintain the fairness of judicial decisions.In judicial practice,although the expected possibility theory has also been gradually introduced and applied,since the expected possibility was first proposed by the civil law countries and applied in specific judicial practice,the relevant legal provisions and the German criminal law The traditional four-piece crime constitution theory in China does not match.Therefore,in the process of anticipating the possibility of application,it is inevitable that a series of problems such as unclear positioning,inconsistent standards,and application errors will occur.The possibility of expectation as a cause of liability overruling has its own function of guilty,but its four-element criminal theory system lacks a systematic position,it is only possible to discuss under the class crime constitution system.In this paper,by clearly anticipating possibility as the systemic position of negative responsibility elements in accountability,after comparing the doctrines of judging criteria for anticipation possibility,based on the responsibility is an individualized judgment,that the adoption of the actor standard theory is more in line with our judicial practice,Then classify and explain the contradictions that are common in the applicable expected possibility situation in practice,thus further exploring the use path of expected possibility in the current judicial practice of our country,taking the expected possibilityas a relevant normative element,the degree of which is reduced Become the reason for reducing the responsibility of trans-legislation,which is consistent with the spirit of China’s criminal legislation and the interest of criminal law theory.In judging responsibility and punishment,attaching importance to the consideration of the possibility and degree of expectation can make the judgment result of the case more fair and reasonable,and more acceptable to the public.