在我国全面构建和谐社会、大力贯彻宽严相济刑事政策的新形势下,迫切需要刑法理念的更新以寻求情、理、法的统一。期待可能性理论因其立足人性,符合刑法谦抑原则等而具有相应的合理性,借鉴其“合理内核”对于我国当前的刑事司法具有特别意义和积极作用。 Under the new situation of building a harmonious society in an all-round way and implementing the criminal policy of strict and strict policies, the concept of criminal law is urgently needed to seek the unification of love, reason and law. Expectation possibility theory has its own rationality because it is based on human nature and conforms to the principle of moderation of criminal law, and drawing lessons from its “reasonable core” has a special significance and positive effect on the current criminal justice in our country.