用期待可能性理论完善我国刑法

PERFECTING OUR CRIMINAL LAW THROUGH THE THEORY OF EXPECTED POSSIBILITY

期待可能性理论自产生以来,经过不断地发展完善,已在许多大陆法系国家或地区的刑法理论中占有相当重要的地位,并在刑事立法和刑事司法中得到广泛的承认和采纳。近年来,我国刑法界已开始对期待可能性理论进行研究,但尚未深入。本文通过对期待可能性理论的渊源进行简要论述,对期待可能性理论所涉及的重要内容的阐述,提出要合理借鉴该理论来完善我国刑法。

Since the theory of expected possibility produced,it has gradually been perfected and developed and has possessed a fairly important place in criminal system of many countries.It is adopted and accepted in the criminal legislation and judiciary.Some scholars of the criminal law have started their research in recent years,but did not conduct deeply.This article briefly talks about the origin and important content of the theory.In addition,the author has pointed out that we should learn to perfect our criminal law from this theory reasonably.