论期待可能性错误

On the Expected Error Margin

期待可能性错误是指行为人实施与犯罪相关的行为时,对期待可能性事由的认识或者对自己行为的法律评价与现实不一致。期待可能性错误属于事实错误和法律错误相竞合的错误形态,分为误有为无的错误和误无为有的错误两种类型。目前,在司法实践中应慎重适用期待可能性错误理论。

The expected error margin refers to the incoherence between the understanding of the expected cause(or the legal judgment on one's own behavior) and facts when one commits a crime. This is the result of the conflict and combination of miscalculation of the facts and legal error. It can be divided into two types: one is to mistake what exists as non-existing, and the other is to mistake the non-existing as existing. This theory should be prudently applied in law practice at present.