期待可能性理论在根本上是为了弥补刑罚由其理论缺陷所产生的现实非正义的问题而产生,作为一个学界热点议题,学者希望以此理论完善现行刑法的合理性。虽然期待可能性的现实空间仅基于外部原因所造成的“剩余”情形,其适用领域并不广泛,但就其应用价值而言,无论从立法和司法角度都对我国刑法有重要的借鉴意义。 Expectation possibility theory is basically to make up for the fact that the penalty arises from its theoretical defects arising from the problem of non-justice, as a hot topic in academia, scholars hope to improve the rationality of the existing criminal law with this theory. Although the realistic space of expectation possibility is only based on the “residual ” situation caused by external reasons, its application area is not extensive, but its application value is an important reference to criminal law in our country both from the perspective of legislation and judicature significance.