科学发展观视野下期待可能性理论的重新审读

Review on the Theory of Expected Possibility in View of Scientific Development Concept

期待可能性是根据行为人行为当时的客观具体情况,期待行为人不作出犯罪行为而实施合法行为的可能性。期待可能性的认定应以行为人的认识为标准。我国刑法应当确立期待可能性理论,这不仅有利于我国刑法理念的更新,也有助于我国犯罪构成体系的完善。

Expected possibility is the possibility that offence in accordance with particular circumstances the actor could be expected to make legal activity without criminal at the time of action. It takes relative freedom of volition as philo- sophic basis, human tolerance as humanity basis and restraint view the cognizance of actor as standard. The establishment of of criminal law as legal basis. Its determination should expected possibility in China＇s Criminal Law is favorable to the idea renewal on China＇s Criminal Law as well as the perfection of constitution of China＇s crime.