期待可能性的法定化问题

期待可能性理论起源于德国,发展于日本。我国对于该理论的研究尚处于起步阶段,在许多问题上存在着较大的争议,其中期待可能性的法律性质问题是最基本的问题。目前对于期待可能性法律地位的争论在于是否要实现形式上的法定化。

The Theory of the Anticipated Possibility and Substantial Legalization

The theory of the anticipated possibility stems from German and succeeds in Japan.At present,we just began to study it.There are controversies in many aspects.The most prime question is the legal character of anticipated possibility.The criminal law has contained the substance and core of the theory of the anticipated possibility,substantial legalization.The controversy about the issue in our country is the problem of legalization.