论刑法研究中的期待可能性问题

刑法中的期待可能性理论,是研究并解决行为人在无"非难可能性"的情况下违法行为的刑事责任问题,其本质在于"法不强人所难",刑事归责只有在行为人存在非难可能的情况下才能进行.我国传统刑法理论如何引入该理论并用以完善刑事立法、司法,都是现在亟需深入研究的.

Study on the Problems of Anticipated Posibility Theroy in Criminal Law

The Anticipated Possibility in Criminal Law Theory is mainly about researching and dealing with the so-called criminal responsibility done by the "wrong-doer", and what should they undertake if they are under the unanticipated possibility.This theory has been generally accepted in the western European countries as well as in Japan, in which it has been fully developed. It has been highly introduced into our criminal theory recently because it is not only good for perfecting our criminal legislation but also important to guide our criminal judicature.How to import this theory and make it applicable to the situation in our country is still a challenge in our way.