The Theory Of Application Of Strict Liability In China's Criminal Law System

Strict Liability which was inducted into the criminal law by the Anglo-America Countries at the end of 19th century, derives from civil law and becomes the important and characteristic part in the criminal law theory and judicial practice of the Anglo-America Law System. The application of Strict Liability in the Anglo-America Law System becomes more and more humanity and Scientific, from the Absolute Liability to permission of the existence of legal defense and friendly defense. We still have not got consensus on the problems of the definition, the existence and the application necessity of Strict Liability in our criminal system. The thesis mainly introduces the evolution of Strict Liability in Anglo-America Law System, and analyses the related regulations of the active criminal law in the terms of Strict Liability, in order to learn the Strict Liability System more deeply and comprehensive and contribute to the application and institutionalized development in China.The thesis is composed of three parts:Partâ… : The evolution and concept of Strict Liability. First, the author introduces the origin of Strict Liability in the perspective of the development of the liability principals, and clarifies that the modern Strict Liability is different from the objective liability in ancient times. Secondly, the author analysis the development and status quo of Strict Liability with the judicial cases in Anglo-America Countries, in order to clarify the evolution from the Absolute Liability to permission of the existence of legal defense. Furthermore, analyzing the different definitions from the Chinese and foreign scholars to get a tendency conclusion that Strict Liability combines the physical with the procedural norms. At last, distinguish the related concept, such as Absolute Liability and Replaced Liability.Partâ…¡: The exploration of the existence of Strict Liability in criminal law of our country. For the generality of the criminal law, analyze the relationship between the illegal cognition, the criminal responsibility of intoxicated persons and the criminal responsibility of corporate crimes with Strict Liability; for the code, analyze whether the crime of having sexual intercourse with a minor, possession crimes, the crime of huge unidentified property and the crimes of the uncertainty sin belong to the category of Strict Liability, to clarify that Strict Liability does exist in criminal law of our country.Partâ…¢: The application of Strict Liability in criminal law of our country. Firstly, on the basis of the positive and negative reasons, indicate the probability and necessity of the application of relative Strict Liability. Secondly, further to indicate that Strict Liability could integrate with the theory of criminal law, and conclude that the environmental crime should apply Strict Liability. At last, analyze the application and perfection of Strict Liability in our country in the perspective of the legalization and the burden of proof system.