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期待可能性理论在德、日等大陆法系国家得到了广泛的认可和运用。近年来,我国刑法学界已开始涉足期待可能性理论,并取得了一定的研究成果,但在很多方面尚存在比较大的争议。本文对期待可能性理论的中国命运进行了详尽探讨,主张我国刑法学应当引入期待可能性理论,但必须结合我国刑事司法实践批判地继承。
Expectation possibility theory in Germany, Japan and other civil law countries have been widely recognized and applied. In recent years, China’s criminal law scholars have begun to get involved in the possibility of looking forward to expectations, and achieved some research results, but in many aspects there is still a relatively large controversy. This article has carried on the exhaustive discussion to the Chinese destiny that looks forward to the possibility theory, advocated that the criminal law of our country should introduce the expectancy possibility theory, but must inherit critically according to our country criminal justice practice.