The Way Of Strict Liability In Criminal Law Of China

Strict liability stems from the Anglo-American criminal law.It is a entirely different criminal imputation principle for the guilt from our traditional guilt responsibility,and in its early development because of its inherent stringency has been opposed by many scholars.However,after more than a century of development,the meaning of strict liability has changed greatly,showing a feature that an absolute strict liability shift to the relative strict liability.Relatively strict liability refers to certain specific crimes expressly provided in the criminal law,according to the results of behavior harmful human behavior or behavior presumed perpetrator with subjective guilt,and by the perpetrator to adduce evidence to prove their subjective innocence.If a person is unable to provide strong evidence to refute the presumption of guilt will have to bear criminal responsibility.Strict liability is essentially a presumption of guilt liability,which is not out of the scope of the guilt responsibility,and will also not be contained in criminal law theory and practice.Our criminal law certain provisions and judicial interpretations have shown a relatively strict liability legislation feature.Relatively strict responsibilities have a significant advantage in combating certain serious offense of public hazards and improve the efficiency of prosecution.Its functions and values can not be ignored.China should-properly reference British and American criminal legislation experience,specifying strict liability in the General principles and specific provisions of criminal law,and at the same time through the appropriate program to regulate and ensure its application.This paper is divided into three parts,namely,introduction,text and conclusion.The text is divided into four parts.The first part is the basic problem of strict liability to clarify,finding definitions,characteristics and classification of strict liability,and analysis of its current development status in criminal law all over the world.Currently strict liability has turned from initial absolute strict liability to relative absolute strict.And relatively strict liability due to the advantage of both strict liability and fault liability,have been recognized by the criminal code in most countries including many civil law countries,legislation giving it legitimacy and legality.The second part debates on theories dispute the existence of strict liability in criminal law of China.While scholars for the strict liability of criminal law in China has been keeping a very cautious attitude,many scholars strongly believes that there is no strict liability in Chinese criminal law,and should not be in the future to establish strict liability.But through the comparative analysis of these crimes can be drawn,such as possession crimes,carnal knowledge rape crimes,dangerous driving and sales of fake drugs,currently existencing strict liability in Chinese criminal law,at least a relatively strict liability,which should be determined.In the third part this paper points out that the realistic way of strict liability in criminal law of China,namely introducing relatively strict liability.Mainly from the introduction of strict liability of criminal law in China the necessity and reasonableness to specific the argument that introducing relatively strict liability is currently with a positive significance and also possible.The fourth part aims to establish a preliminary conception of relatively strict liability,from two aspects of substantive law and procedural law.First of all at the substantive level,establish a relatively strict responsibility system must adhere to the principle of legality and the principle of qualified,on which basis relevant provisions of criminal law must be amended as appropriate,expliciting the definition of relatively strict liability in the criminal code and the application of specific types of crime.Secondly at the procedural level,through a series of programs to regulate and guarantee the application of strict liability,to minimize the interests of criminal defendants,to enable to maximize positive effects of relatively strict liability.