关键词: 道德运气, 刑罚分配, 道德应得, 结果运气, 境遇性运气

Abstract: Moral luck has always been one of the most controversial ethical issues since its first appearance. Meanwhile， it is also an unavoidable challenge for criminal law theorists. Revealing a clash between peoples beliefs about moral responsibility and their actual manners in moral judgment， the phenomenon of moral luck may be a result of the misunderstanding of the true nature of daily moral judgments. In the field of criminal law， luck should be ruled out normatively and the Kantian concept of moral responsibility should be upheld. Resultant luck is irrelevant to moral desert， and the traditional resultcentered distribution of punishment should be corrected. Harmful result is not a legitimate cause of accumulative punishment beyond ones moral desert. However， the alleviation of punishment based on luck is permissible under limited circumstances. Reckless and negligent behavior is punishable despite the absence of harmful results， and selfdefense based on reasonable belief should be justified. Whats more， the theory of probability of anticipation is in accord with the refutation of situational luck.

Key words: moral luck, distribution of punishment, moral desert, resultant luck, situational luck