论期待可能性

On Expected Possibility

期待可能性是规范责任论的核心,而规范责任论是当今西方刑法学中居支配地位的责任理论,因此,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到承认和采纳。期待可能性理论对我国传统价值观念,以及刑事立法和司法实践都提出了挑战。但我国刑法实践不能将期待可能性理论庸俗化,而应批判的继承。

The theory of Expected Possibility is the core of normative schuldlehre, which is a dominating theory of criminal law in western countries. It assumes a fairly important position in the criminal law systems of many countries or regions that adopt the civil law system. It is adopted and accepted in the criminal legislation and judiciary. The Expected Possibility theory poses a challenge on our traditional value and criminal legislation and judiciary. In recent years, a few experts in the circles of criminal law in our country have stepped into this theory. This article discusses briefly the basic content of the theory of Expected Possibility and advocates that we should inherit this theory critically.