The Strict Liability In Criminal Law

Along with the development of modern industry and commerce have some great threats to public safety but crime and to prove intent crimes, if want to criminal intent as a necessary condition of a crime, so will often make the defendant escape punishment, legal non-existing. In this context, always paid attention to the positivism and utilitarianism of the Anglo-American law appeared the principle whereby of strict liability, put some lack of clear the intentions of the criminal behavior is also referred to as the crime. This practice obviously and continental law pursues the principle of a legally prescribed punishment inconsistent, Also with China’s passage into the theory of crime conflict. But as in recent years in Britain and strict liability to the development of the country, we have to admit that strict liability is quite have the practical significance, the introduction of this concept would help solve traditional theory and the judicial practice in certain specific problems.At present our country is in the comprehensive reform period, in the economic development and construction of the rule of the flood tide, along with economic reform and development, also appeared a lot of harm the public interests of the phenomenon, must use penalty to be punished. So introduce strict liability system, formulate and apply strict liability for our country has the significant practical significance, in our country criminal law the absorbing limited strict liability is reasonable, also be feasible.Strict liability theory is British and American and other countries in the theory of criminal law a feature, has the important entity value and the value of suit. Chinese scholars on the introduction of the theory, in the process of its connotation and feasibility should be thorough investigation and study. Some scholars believe that in our country criminal law theory and practice between strict liability cases, and this view on the contrary, some scholars thought this idea is to our country criminal law legislation and judicial misreading, the basic principles of criminal law against the constitutive requirements and basic theory, therefore deny our country criminal law the existence strict liability. Whether there are strict liability in our country, the problems affecting China’s punishment has been essentially the legislation theoretical basis, but also touched on fault theory, no matter whether exist in China’s criminal law strict liability, all of the efficiency of lawsuit’s influence is huge. So we need a comprehensive understanding of strict liability, and carry on the thorough research, uncovered the veil of the strict liability. From the countries of Anglo-American law system strict liability theory, combined with the reality of China’s criminal law theory and practical situation, learn from strict liability of the rational content, avoid defects, has a limit to the introduction of the theory to resolve our country’s theory and in the practice of the specific problem.This paper includes introduction, body, and conclusion of three, including the text by four a chapter. The first chapter is the definition of the strict liability. In this chapter will strict liability clarifying the basic problems of the meaning of strict liability, characteristic and classification is discussed, and some of the more easily confused with the concept of comparison.The second chapter expounds the strict liability in two legal systems of the embodiment. Strict liability at the earliest originate is from British and American countries, and gradually transition to the mainland legal system country, in Anglo-American law, Strict liability crime is developed through a series of cases, this paper has selected in the process of the development of important cases in this paper. Continental law system country although not admit the existence of strict liability, but can still find some strict liability regulations.Chapter3discusses our country criminal law in strict liability. About strict liability have different views by. this paper, from the country and abroad to analyze the strict liability in negative said the affirmation of the said two perspectives. And some of the "analysis of China’s strict liability" phenomenon, through the analysis of these phenomena, that Chinese apply strict liability of rationality.The fourth chapter is the contents of the construction of the Chinese strict liability. This part is the focus of this paper. In this part, I first formulated our country to build the significance of the strict liability, and then the legislative system design, from the theory and principles for specific legislation to legislative design, In discussing respectively in general principle and specifics. And the strict liability judicial was analyzed, to solve the problem from the start of that judicial way.