Research On Strict Liability System In Anglo-American Criminal Law

Strict liability system is a special kind of doctrine of liability fixation inAnglo-American criminal law. The theme explores strict liability systemthrough detailed illustration of strict liability in Anglo-American criminal law,discusses its background and development history, clearly defines itsconnotation, finds out its rational reason for existing, clarifies the process ofits operation in judicial practice, and reassure its value in litigation. The authorbelieves that there is a situation embodied as relative strict liability in thepractice. In essence, strict liability can be briefly concluded as constructivefault liability。Through discussing the specific background of legislation inChina, the author thinks that relative strict liability can be involved in ourcriminal law and criminal procedure law.The theme can be divided into four parts:Part One takes the historical evolution of strict liability as logical start, itaims at finding its original state in Anglo-American criminal law; severalkinds of definitions on strict liability contribute to the explicit definition ofstrict liability, and it is thought that strict liability is a kind of criminal liabilitywhich is regardless of subjective fault. That is to say, once the action fell intothe law's regime or resulted in a certain situation which law regulated, thenthis action can be sued or punished. Through the arguments all above, thecharacter of strict liability is concluded. On this base, the author comparessome conceptions that are relative to strict liability (liability without fault,absolute liability, error of law, error of fact), and the difference among them isthen clarified. Subsequently, the author enumerates the sorts of strict liability.One of them is absolute strict liability and relative strict liability. It is believedthat nowadays the character of strict liability is relative, and this is the trend ofhistorical development. We can have explicit and deep sense of the realdefinition of strict liability in Anglo-American criminal law through theinterpretation of this part. The Second Part of the theme deeply explores the theoretical basis andoperation during the judicial practice of strict liability. The theoretical basis ofstrict liability is illustrated according to the perception of dialecticalmaterialism, psychology, and legal philosophy. To grasp the marrow whichstrict liability involved, and explain the rational for the emergence anddevelopment of strict liability in the special situation of Anglo-American lawsystem. Then introduce the specific practice of strict liability inAnglo-American criminal law. The litigant value of strict liability is fullyreflected in judicial practice. Then the author discusses the various elementsneeded to be taken in to account when the court decide if strict liability shouldbe used. It is believed that the general points of defense are permitted to useeven in the strict liability. General points of defense include legitimate point ofdefense and "good faith defense". "Good faith defense"refers that when theprosecuting party sued in strict liability, the defendant is permitted to prove theabsence of subject fault reasonably and faithfully, if he or she can convince thejury or judge, then he or she is free from guilty. This expresses that strictliability is developing from extremeness to rationalism, companied withrevise. Part Three is about the value of strict liability system, its value embodiesjustice and social common interest, and its value pursuit is utilitarianism andlitigant economy. On this basis, the author introduces the scholars'attitude tostrict liability in Anglo-American law system, it conclude positive statement,negative statement and balanced statement. The divergence in theoreticalregime focuses on: the opinion that strict liability is a kind of objective guiltfixation, which violates the doctrine of "no mens rea no punishment"; valueefficiency but ignore equality, which violates the spirit of law, it's a kind oflitigant utilitarianism. As response to the criticism, if we want to remedy theflaw of strict liability, we must follow the principle of a legally prescribedpunishment for a specified crime in legislation, we must restrict strict liabilitywhen the court decide if use it or not in judicial. The author also argues thereason for supporting strict liability to go on developing, and explains itspresent conditions. The opinion of strict liability is "on its way down"isrefuted, even in the Anglo-American criminal law. Because different countriesmeans different development situation, we can not treat difference as the same.And then looking into the future development of strict liability inAnglo-American criminal law as following: firstly, strict liability will exist fora long period and will be practiced in more and more countries; secondly,absolute strict liability will be more and more restricted; finally, theapplication of strict liability will be in order relatively. Part Four explores the value of strict liability system during theconstruction of legal institution in china and its importance for study. Therelationship between the strict liability system and Sino criminal law is thendiscussed, and the author elaborates if strict liability can exist in the theoreticalsystem of criminal law and criminal procedure law in China. In some...