Reflection on the Localization of Expected Possibility Theory

Expected possibility theory has solid philosophical and legal theoretical basis which has great interests in the aspects of human nature, restrained principle of criminal law and the function of penalty. However, this theory may also constitute potential hazard to the principle of legally prescribed punishment for a specified crime, and has high quality requirements of the judges, and relies much more on a perfect matching legal system. Based on these perspectives, the introduction of this theory should be cautious.It should not be applied until it has a clear position in the system of Constitution of Crime in China as well as the set of approprate procedural guarantee.