论我国刑法研究中的期待可能性问题

On the Possibility of Expectation in the Study of our Country's Criminal Law

期待可能性是刑法学理论研究中的重要问题。根据我国刑法理论,期待可能性是刑事责任能力的要素之一,期待可能性判断应以行为人标准为妥,适用于包括故意犯罪在内的所有犯罪形态。我国刑法应增设关于期待可能性的统一的明文规定。

The possibility of expectation is an importam question in the study of the theory of penal law. According to our country's theory of penal law, possibility of expectation is one of the elements that comprise the capacity for criminal responsibility. For the judgment of it, it is better to do according to the actor's Standard; and this possibility is also suitable for all criminal forms including intentional crimes. It is necessary for our country's penal code to increase the articles about the possibility of expectation.