刑法中期待可能性的基本问题

期待可能性是刑法中规范责任论的核心内容,在大陆法系刑法理论中,获得了普遍认同,我国刑法也有必要移植该理论。在判断标准上,应采取类型人标准,而超法规的期待可能性,应当作为刑事责任的阻却事由。

Basic problems of expectancy possibility in criminal law

Expectancy possibility is the core content of the theory of standardizing the responsibility in criminal law that has been commonly approved in the continental law system. It is necessary for us to transplant the theory in our criminal law. As for the judging standard, we should adopt type standard, while expectancy possibility that is beyond laws and regulations should be treated as preventing cause of criminal responsibility.