本文拟从期待可能性理论出发,探究期待可能性的成立要件,并以许霆案为例提出期待可能性被滥用的问题,强调期待可能性的适用范围,从而能够恰当合理地适用期待可能性理论,以此维护刑法的公平与正义,实现刑事司法打击犯罪与保护人权的统一。 This article intends to explore the probable possibility from the expectation of the possibility of the elements, and the case of Xu Ting proposed the possibility of being abused abuse, emphasizing the scope of application of the possibility of expectation, which can be reasonably appropriate to apply the theory of expectation of possibility , So as to safeguard the fairness and justice of criminal law and realize the unification of criminal justice against crime and protection of human rights.