审慎对待期待可能性

Be Careful of the Anticipated Possibility in Criminal Law Theory

期待可能性理论是在极特殊之不合理的案件中对行为时的附随情形给予特别的考虑。所以在承认期待可能性概念的同时,要严格限制其使用范围。本文对期待可能性理论的适用范围及具体判断方法进行了详细的探讨。并指出,在很多时候,并不一定要运用期待可能性理论才可以达到阻却行为人的责任目的。

the theory of anticipated possibility is only considered in some particular cases which are very difficult to balance. So we should limit its function carefully when admitted positively. The author analyses the function of anticipated possibility and how to use it limitedly in cases. What＇s more, there is no need to consider it as the reason of obstructing or mitigating responsibility in criminal theory in most of cases.