On The Strict Liability Doctrine In The Anglo-American Criminal Law And Its Adoptability

As a kind of peculiar to Anglo-American Criminal Law countries, criminal law and criminal responsibility system in the judicial practice widely to apply strict liability system, this system originated in common law countries the judge in the judicial practice of legal interpretation, and the system development and established in the criminal law.The theory of criminal responsibility, as the foundation and an important pillar of the whole construction of building of the criminal law, has not yet been fully completed, also left many worthy of study and discussion. Our current criminal law theory of fault liability to such a criminal responsibility system, is far from reach the acme of perfection, blameless. Admittedly, with the Chinese real social change rapidly changes, will cause the corresponding criminal policy changes,changes and inevitably promote specific criminal law system. That kind of hope in an immutable and frozen with criminal responsibility systemor principles such as standard, and problem solving idea areall on the road ahead, apparently some funny and weird. Therefore, the reform and development of criminal liability system of anything including fault liability, also can hardly be avoided and eternal. We cannot seek the answer in the reality of the criminal law system, also cannot take the theory as fact in theory pattern. Practice is the sole criterion for testing truth, but the reality of social development needs, is the only power and the standard of criminal law development. Specific to the strict responsibility system, we should adopt the attitude is, not only for the countries of Anglo American law system exist for a long time and the vigorous development of the reality of the situation uncritical completely absorbed, not because in China’s criminal code never specified in the criminal law countries and continental law system general negation of indifference its existence.In criminal circles, the debate on the issue of strict liability has never stopped. There is little consensus on how to understand the connotation and denotation of the concept of strict liability, how to assess the functional advantages and shortcomings of strict liability and if strict liability should place the basic issues in criminal law. In this paper, I try to sort out the basic problems of strict liability, determine its contemporary meaning, use it as the basis for discussion of the possibility of integration of the system with China’s Criminal Law, and propose the legislative and judicial conceptual model in PRC Criminal Law.This paper include four parts besides the preface and concluding remarks.The first part thoroughly introduces the historical changes of Criminal Liability Principle in Anglo-American Criminal Law, the definition, classification, existence value, theoretical basis and scope of Strict Liability Crimes, the criticism and support of Strict Liability, etc. thereby trying to explain the originally meaning of Strict Liability System. On the basis of comparing various definitions and classification of Strict Liability, the inherent meaning of Strict Liability was being obtained as the core content of this dissertation.The second part discusses the theoretical basis of Strict Liability System in Anglo-American Criminal Law and its practical use in justice. In this part, the reason why that Strict Liability in Anglo-American Criminal Law can be applicable and the theoretical cornerstone of Strict Liability Crimes was be discussed primarily. According to typical penal stipulation of Britain, America, and other countries, the applicable and scope of Strict Liability System in Anglo-American Criminal Law was be analyzed concretely.The essence of criminal strict liability is discussed and the proposal for solving its contradiction to the principle of presumption of innocence is raised at last.The third part probes into the interpretation of Strict Liability in Continental Legal System. This part discusses the query of reasonableness of strict liability at first, and then, makes a point of its natural and inevitable integration with the Chinese Criminal Law. The integrating degree of Strict Liability in Continental Legal System was be analyzed by the Principle of a Legally Prescribed Punishment for a Specified Crime, the Principle of Integration about Subjective Aspect and Objective Aspect, the Purpose of Punishment and the Restraining Criminal Law these four aspects. By correcting some errors of domestic Strict Liability research, pointed out that Strict Liability and Fault Liability, the Principle of integration about subjective aspect and objective aspect, these are not against each other, in some way, they are even compatible.The fourth part is the strict responsibility by reference to the criminal law of our country. In this part, we’11attempt to apply strict liability system in our criminal law and put forward the system design of the new. This is the ultimate goal of this research. Strict liability is strict restrictions, unconditionally apply will inevitably lead to the unity of criminal liability in conflict with the Principle of integration about subjective aspect and objective aspect. Finally, the application of strict liability in criminal law to make some system and the legislative suggestions from the legislative and judicial two aspects is proposed to prevent the disadvantage as well as to realize the function and purpose of the strict liability.