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期待可能性理论是刑法学界广泛关注也倍受争议的理论问题,特别是能否将期待可能性理论运用于司法实践,更是热点问题,广州大学城“危险导师强奸案”再一次引起了我们的思考。通过考察期待可能性理念的起源和发展及其理论价值,结合此案,本文认为期待可能性理论应该在中国刑法中得到合理的借鉴并在立法和司法活动中运用和体现。
Expectation possibility theory is widely concerned by the criminal law academic circles is also controversial theoretical issues, in particular, can be expected to apply the possibility theory in judicial practice, but also hot issues, Guangzhou University City “dangerous mentor rape case” once again caused Our thinking. By examining the origin, development and theoretical value of the concept of possibility of expectation, combined with the case, this paper holds that the expectation of possibility theory should be properly used in Chinese criminal law and applied and embodied in legislation and judicial activities.