期待可能性理论的继承与批判

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以承认和采纳。近年来 ,我国刑法学界已有人开始涉足这一理论 ,但是 ,其诸多主张颇值商榷。本文简要地介绍了期待可能性理论的基本内容 ,并对这一理论进行了全面而深入的评价。文章提出 ,我国刑法应批判地继承期待可能性理论 ,不能盲目扩大期待可能性理论的适用范围。

The Inheritance and Critics to the Theory of Expected Possibility

The theory of expected possibility in the theory of criminal law possesses a fairly important place in many countries of criminal law system. It is adopted and accepted in the criminal legislation and judiciary. Some scholars of the criminal law started their research in recent years, but, most of their opinions are open to the question. This article briefly talks about the basic content of the theory of expected possibility and appraises it in full scale and deeply. In addition, the author thinks we should inherit this theory critically in a criminal law and can't enlarge its applicable scope blindly.