“当刑法与人民的意志不一致的时候,也就造成刑法与人民的隔阂”只有人们彻底认同、信服国家法律,它才能更好地起到维护社会的作用。刑法规定与人民期望相背离明显不是我们所需要的。法律上明文规定了几个排除犯罪的事由,但是根据现有的事由很难明确合理地解释上述案例,那么,期待可能性就恰到好处地解决这个尴尬的局面。 “When the criminal law is inconsistent with the will of the people, it will also create a barrier between the criminal law and the people.” Only when people completely agree with and trust the national laws can they better serve the role of safeguarding the society. It is obviously not what we need for criminal law to depart from people’s expectations. There are several legal reasons for criminal exclusion, but it is difficult to explain the above case clearly and reasonably based on the existing facts. Therefore, it is probable that the embarrassment will be solved just right.