期待可能性理论作为大陆法系刑法学领域的主流理论,对于我国刑法理论具有重要的借鉴作用。尽管我国刑法的罪刑法定原则和犯罪构成体系与期待可能性理论之间尚存在着一定程度上的冲突,但仍然可以通过合理的论证和解释进行化解,并通过立法和司法活动,使之逐步融入到我国刑法理论体系之中。 The expectation possibility theory, as the mainstream theory in the field of criminal jurisprudence in the civil law system, plays an important role in reference to China’s criminal law theory. Although there is a certain degree of conflict between the legal principle of crime and punishment and the theory of the constitution of crime and the theory of expectation of probabilities in criminal law in our country, it can still be resolved through reasonable justification and explanation and gradually incorporated into legislation and judicial activities To our theoretical system of criminal law.