期待可能性理论新探

Newly Probing into the Theory of "Expectancy Possibility

期待可能性理论在许多大陆法系国家或地区的刑法理论里占有相当重要的地位，并在刑事立法和司法中得以承认和采纳．近年来，我国刑法学界已有人开始涉足这一理论，但是，其诸多主张是颇值得商榷的．我国刑法应批判地继承期待可能性理论，但不能盲目扩大期待可能性理论的适用范围．

This paper tells us that the theory of 'expectancy possibility' holds an important position in the theory of criminal law in many continental countries with a legal system. It is accepted in the criminal legislation and administration of justice in those countries. In recent years, in our country a few of the experts in the circles of criminal law have studied this theory and believe many of the views are worth discussing. We should critically carry out the theory of 'expectancy possibility' in our criminal law, but we mustn't blindly extend the practical sphere of the theory.