期待可能性的机能扩张或紧缩（The function of anticipated possibilities expansion or contraction）.docVIP

期待可能性的机能扩张或紧缩（The function of anticipated possibilities expansion or contraction） The function of anticipated possibilities: expansion or contraction Key words: expectation possibility / legally prescribed punishment principle / intention / fault Abstract: the theory of anticipated possibility, also called anticipatory absence, refers to the field where actors commit crimes In the event of a lack of expectation of the specific circumstances of his conduct, he is able to carry out other lawful acts other than that of the crime Possibility. Its function is not only the effect of contraction, but also the expansion of science, That is to say, the possibility of expectation is related to whether the crime is established or how the criminal responsibility is taken. At the same time, expect possibilities The function is limited by the principle of legally prescribed punishment for a specified crime, and it should embody the requirement of qualitative, clear and reasonable; The criterion of the rationality of the expected possibility should be based on the average person standard The juxtaposition theory is the best choice. Without responsibility, without penalty is a fundamental principle of criminal law since modern times. Responsibility is the pre punishment Lifting and foundation. The criminal meaning of the category of responsibility is the perpetrator of the criminal act Censure. From the point of view of standard of responsibility, the basis of censure is legal norm. No matter prohibited legal norms Or is it the imperative legal norm that ultimately boils down to the behavior of the actors responsibility? The implementation of the criminal acts outside of legal act. The condemnation of a crime is based solely on the behavior of the actor The subjective psychological facts are not enough, and in specific circumstances, even if the act is attached to the situation, even if the line A person who has the capacity for criminal responsibility and the corresponding subject