论期待可能性理论

On the Theory of Anticipated Possibility in Criminal Law

期待可能性理论是大陆法系国家的刑法理论,其以规范责任论为核心要素。期待可能性理论与规范责任论、心理要素(故意、过失)之间具有密切的联系。期待可能性理论的存在有其自身的合理性,引入期待可能性理论对于完善我国刑事立法、指导刑事司法具有重要意义。

The theory of anticipated possibility in criminal law,as the key element of the theory of regulated responsibility,has been commonly accepted in the continental law system. In this article,the nature of anticipated possibility is induced from the relationship between anticipated possibility and the theory of regulated responsibility ,Psychological elements (intention or negligence). The theory of anticipated possibility has its rationality which can be vital to perfect criminal legislation and instruct criminal Judicature.