A Study On Strict Liability Of Criminal Law

Strict liability Comes from civil law and was led into criminal law by British and US scholars in the 19th. The appearance of if has broken the traditional principle of "Actus not facit reum, nisi mens sit rea" and the procedure secure for individual human rights, which brings to criminal law academic circles's wide-ranging attention. The confused state of the research in it's concept in our country leads to the great differences in respect of it's rationality and what attitude we ought to have. This thesis studies historical origin of strict liability, summarize and analyzes criminal charges involving related to strict liability in current criminal legislation of China by pointing out relation between strict liability and criminal assumption, investigating end-result of strict liability in our country's criminal law based on British and US legislation in respect of strict liability.This thesis has three parts including introduction and major text and conclusion and is divided into four chapters.Chapter one summarize the Strict liability as a whole. Strict liability is a return to recognition of social and public interest in main melody of ages by human right protection in the US and Britain and a production of rebalancing social and public interest. It is important to improve legal efficiency and focus on judicial practice by strict liability becoming complement to the principle of "Actus not facit reum, nisi mens sit rea" in British and American nations,Chapter two introduced the performance of strict liability in US and British criminal law. Section one introduced the concept and standard of strict liability system first, which reflects British and US scholars' understanding on strict liability fundamentals. Second expatiated the British and US scholars' attitude to the strict liability. The conclusion is there did not reach the consensus on strict liability among British and US criminal circles till now.Chapter three analyze strict liability arguments and its perspective. First aim at the sensitive problem whether strict liability exists in china criminal law, seems it has discrepancy in understanding according to different basic standpoint in criminal law In my opinion, we should establish relative strict liability system to improve litigation efficiency and be advantageous to stroke crime. Second is comparative analysis. The conclusion is strict liability is compatible with 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. Last is expatiate in detail that strict liability should be in criminal law of China.Chapter four is conclusion. I believe that it should be adopted by criminal law circles under the premise of insist the opposite strict liability. I also analyze applicability justification in legislation and judicial practice and render relevant advice for better coping with difficulties in getting evidence and reflecting justice and efficiency of criminal law.