期待可能性理论产生于20世纪初期,之后,其理论体系日臻完善,影响日益广泛。在德、日以及我国台湾等大陆法系国家和地区的刑法理论里,期待可能性理论占有极其重要的地位,并在刑事立法和刑事司法中得以承认和采用。追根溯源,期待可能性理论具有较大生命力使然,而这种生命力又来源于其坚实的理论根基,我们应将该理论在我国刑法理论的框架内合理引入并贡献刑法的立法、司法资源。 Expectation possibility theory originated in the early 20th century, after which its theoretical system is getting better and more extensive. In the theory of criminal law in countries such as Germany, Japan, Taiwan and other civil law countries in the world, it is expected that the theory of probability occupies an extremely important position and is recognized and adopted in criminal legislation and criminal justice. Tracing the source and looking forward to the possibility of possibility theory has greater vitality, and this vitality comes from its solid theoretical foundation. We should reasonably introduce this theory and contribute to the legislative and judicial resources of criminal law within the framework of our criminal law theory.