期待可能性理论的借鉴价值

Value of reference in the theory of expected possibility

本文从期待可能性理论所体现的人道主义、刑法的谦抑性等视角 ,探析了吸收和借鉴期待可能性理论的“合理内核”对我国刑法理念的更新。

From the perspective of humanism and limitation of criminal law embodied in the theory of expected possibility, this article analyses in detail the 'Proper nucleus' of this theory, which will have an important effect on the innovation of the concept of criminal law, the reformation and perfection of legislation and jurisdiction, and at last the observance of criminal law.