关键词: 行为动机, 期待可能性, 可宽恕性, 刑罚减免, 出罪情节

Abstract:

According to criminal law, the motivation definition is based on the process and type of behavior motivation, and the behavior motivation features a connection to criminal intent. Experts hold different views about the substance of reasonable expectation which stress the element of responsibility, personality responsibility and plots respectively. Among them, the view that stresses plots is the most acceptable. By analyzing the formation and types of behavior motivation and reasonable expectation, we found that there are close connections between behavior motivation and reasonable expectation. Namely, behavior motivations affect conviction and measurement of penalty by way of reasonable expectation. In general, behavior motivation can result in remission of conviction, but there also exceptions that can result in exoneration of conviction. 

Key words: behavior motivation, reasonable expectation, remission, exoneration of conviction;