期待可能性（Expectation possibility）.docVIP

期待可能性（Expectation possibility） 1. intentional negligence and expectation possibility. According to the traditional concept, as long as there is intentional negligence, it is enough to think that there is a crime, that is, the objective damage caused by criminal liability. This concept of intentional negligence is tantamount to guilt (criminal responsibility), known as the theory of psychological responsibility. 2. re understanding of the nature of sin. The new view holds that the essence of sin lies in the fact that the objective damage caused by man should be condemned and criticized subjectively. According to the new view of the nature of sin, people can not help thinking: is there any intentional negligence that must be condemned and condemned (guilt over criminal responsibility)? The conclusion is: not necessarily! Because the nature of responsibility comes down to condemnation, which means that only when people can obey the law and break the law can they condemn and assume responsibility for them. In the absence of law (or avoid illegal) possibility, even violate the law (intentional) or to avoid damage and avoid (fault) is innocent. Example: a woman who was ill treated by her husbands domestic violence, unable to endure, was forced to leave home for further abuse and forced to leave home for marriage. A marriage with a spouse and the intentional act of bigamy is in full compliance with the elements and illegality of bigamy. However, in view of the weak position of women and the choice of bigamy, it is not considered a crime. 3. expectation of possibility is the premise of responsibility. Expectation possibility refers to the possibility of obeying the law or avoiding crime in behavior. If there is such a possibility, criminal liability should be assumed; if there is no such possibility, it may become a liability for exclusion or relief of criminal liability. In other words, a man should be condemned if he can be punished by the law when he is expected to obey