The Necessity And Path Of Introducing Expectant Possibility Into Chinese Criminal Law

The possibility of expectation originates from the Criminal law of Germany and Japan.It reflects the law’s sympathy for the actor’s choice under all kinds of helplessness.It is the practical interpretation of "the law is not imposed by others" and has high theoretical value.However,the "alien monk" is not necessarily good at bell ringing.Although the expectation of possibility has once caused a research upsurge in the academic circle,up to now,there is no consensus on whether to introduce this theory and how to introduce it to fit the criminal environment in China.This paper is based on the above questions,on the basis of "the necessity of introducing expectant possibility into The criminal law of Our country",then expounds the "introduction path",and carries on the logical demonstration.This paper is composed of the following four parts:The first part gives an overview of the expected possibilities.First of all,this paper starts with the definition of expectation possibility,which is discussed on the basis of the broad definition.Then,it briefly introduces the generation and development process of expectation possibility and its theoretical value.The second part mainly shows the theoretical controversy about whether to introduce the expectant possibility,and analyzes the opposing opinions,expressing the attitude that this paper advocates to introduce the theory.The third part discusses the necessity and feasibility of introducing this theory into the criminal law of Our country.In terms of necessity,it is mainly manifested in the absence of human rights protection in legislation and the actual demand of substantive judgment of social harmfulness in judicial practice.In terms of feasibility,this paper mainly discusses the influence of culture and history,the thought of current legislation and criminal policy on the trend of future legislation.The fourth part mainly elaborates our country criminal law introduces this theory path.Firstly,it discusses that our country should take supplementing and perfecting the existing crime constitution as the basic standpoint.Secondly,the expected possibility is sorted out.There are two emphases.One is to affirm the systematic function of the theory of crime and the theory of penalty respectively.Second,it is advocated to take the actor standard as the core and other as the reference to determine the existence or not of the cause of expected possibility.In addition,the nature of the theory and the treatment of cognitive errors are briefly described.Thirdly,considering that our country is in the historical stage of expecting possibility from nothing,we propose to make a general stipulation first,and then take the judicial interpretation and guiding cases as the entry point to gradually improve our country’s criminal law.Finally,the paper discusses the concrete application of the idea of expectation possibility in judicial practice,including the subject of bringing up,the subject of resolution and the steps.