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Look forward to the possibility of Criminal Law

Author: AoGang
Tutor: FengYaDong
School: Southwestern University of Finance and Economics
Course: Civil and Commercial Law
Keywords: anticipated possibility norm liability freedom of will
CLC: D914
Type: Master's thesis
Year: 2006
Downloads: 329
Quote: 0
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Abstract


Criminal responsibility has various essence and contents in the different society period. There are various main doctrine, such as the theory of morality liability, society liability, mentality liability and norm liability, in the modern criminal law science. The doctrine of norm liability is the current doctrine of criminal responsibility in the countries of continent law system. Because the doctrine is based on anticipated possibility, it`s core concept, it has more realistic and material prehension than the doctrine of mentality liability. Because our criminal responsibility is still in the process of the mentality liability, it is needed to transplant the theory of anticipated possibility.The theory of anticipated possibility, originated from Germany, has gotten approbation in many criminal law sciences. There are two different concepts about anticipated possibility. The broad concept suggests the anticipated possibility is the behavioror can commit the legal act, not criminal act, on the grounds of realitic habitus that it includes the mentality factor and objective factor at the act occurring. But the confined concept suggests the anticipated possibility is only decided by the outside factor. The author adopts the anticipated possibility from the confined aspect.Because our criminal law theory is great different from theoretic construction in Germany, Japan, and for the need of practice of justice, the author suggests that the title of anticipated possibility should be changed to the subjective condition of diminished or exempted responsibility ,so that the doctrine of anticipated possibility can introject the theory of criminal law and practice of justice in China.The author takes the type throng as the criterion of the anticipated possibility. Because the criterion of the type throng could avoid the deficiency of other criterions. In the criminal law theory, the author

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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