摘要
期待可能性理论最先起源于德国,而后在日本得到广泛推崇,这一理论的内涵在于"法律不强人所难",在大部分大陆法系国家和我国台湾地区都被予以认可,在司法实践中也得以运用。这一理论形成和发展的背景文化虽然和我国不同,但其彰显的人文关怀及其价值理念,对于开阔我国刑法理论的视野,完善我国刑法规范的体系具有一定的积极影响。
Anticipated possibility theory originated from Germany first and was highly thought of by Japan. The connotation of this theory is that law does not force someone to do something against their will,which is approved by most of civil law countries and Taiwan of China and is used in juridical practice. The background culture that this theory was formed and developed in is different from Chinese ones,but the humanistic care shown in it and its values will take certain positive impact on broadening views of Chinese criminal law theory and improving our criminal law system.
关键词
期待可能性
判断标准
必要性
借鉴
anticipated possibility
judging standard
necessity
reference
