期待可能性理论,源自大陆法系国家的理论,现在在世界各国有广泛的运用。期待可能性理论对于我国的刑法理论体系的完备和刑事司法实践都存在着积极的意义。我国有借鉴这一理论的必要。但是,在我国目前的四构成要件的前提下,如何引进这一理论,将其放在刑法理论的哪一部分,目前存在很大的争议。本文认为,将期待可能性理论作为情节因素,在定罪量刑中加以考量,是比较可取的。 Expect the possibility theory, originated from the theory of civil law countries, is now widely used in all countries in the world. Expectation possibility theory has a positive meaning for the completeness of China’s criminal law theoretical system and criminal justice practice. My country needs to learn from this theory. However, under the premise of the current four elements of our country, there is much controversy about how to introduce this theory and place it on which part of the criminal law theory. This article argues that it is preferable to look forward to the possibility theory as a plot factor and consider it in the conviction and sentencing.