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

Posted on:2008-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q YeFull Text:PDF
GTID:2166360215463152Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The strict liability in Anglo-American Criminal Law is attracting many criminal scholars' more and more interests. This criminal system which originated from the judicial precedent in 19th century and took utilitarianism, social defense as its core connotation has obtained comparatively general approval and wide application in legislation, theory and judicial practice in Anglo-American Criminal Law. The continental legal system holds the negative attitude towards the existence of the strict liability based on the criminal basic principle which is non reu nisi mens sit rea. Speaking of our country, New Chinese Criminal law theory and system construction emerged from the criminal law achievements of Former Soviet Union and originated from the criminal law tradition of continental law system in essence, so it perseveres the baseline of fault liability. However, since recently, many criminal law scholars had pondered whether the introduction of strict liability is necessary in our country. In view of this fact, this thesis combs the development course and real connotation of strict liability of Anglo-American Criminal Law. Based on this, we evaluate the strict liability of Anglo-American Criminal Law and then discuss the necessity of introduction of strict liability and how to design the system in our criminal law. Apart from introduction and conclusion, this article can be divided into three parts.The title of the first chapter is the evolution of criminal liability principle and the connotation of the strict liability. This chapter discourses upon the historic evolution of criminal liability principle from the outcome responsibility in slavery system to subjective liability in the Dark Ages and then to faulty liability emerging from the bourgeoisie revolution and enlightenment movement which has become the footstone of modern criminal liability contributory principle. In some area, the key center of law protection has turned from individual–oriented to social-oriented to meet the consolidation of social interests since entering into the modern industrial society. Under such kind social circumstance, the flexible, utilitarianism and practical Anglo-American legal system produced the strict liability which breaks through the faulty liability. This chapter, through the comparison and analysis of several definitions and classification of strict liability and the true connotation of strict liability, draws the faithful definition of connotation of strict liability, which paves the way for the following writing.The title of the second chapter is the comments on and the analysis of the strict liability of Anglo-American legal system. This chapter firstly analyses the reason of the application of the strict liability of Anglo-American legal system and the theoretical foundation stone of criminal strict liability. Further, this chapter gives the detailed analyses the application situation and scope of strict liability in Anglo-American legal system through the research on the criminal regulations of typical Countries, such as Britain, America and Canada and puts forward some defenses against the application of criminal strict liability. Following this, based on the introduction of the attitude of the Continental legal system toward the strict liability and its practice, the author brings forward his own idea through the comparison of different attitudes of two legal systems. 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 title of the third chapter is the reference of the strict liability to criminal law in China. This chapter firstly discusses upon the Chinese scholars'different opinions of rationality of strict liability and the author's response. Further, the author discusses the necessity of introducing the strict liability and makes the analysis and expectations on the application scope of strict liability. Finally, the legal system on how to use the strict liability in criminal law is proposed to prevent the disadvantage as well as to realize the function and purpose of the strict liability.
Keywords/Search Tags:Anglo-American, Criminal Law, Strict Liability, Doctrine of Liability, Presumption Of Innocence, Utility
PDF Full Text Request
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