On The Restraining Criminal Law

In criminal law, may not have any tendency to cause as strict liability law as a philosopher of note. Britain and the United States Criminal Code of strict liability is not only a phenomenon existing laws, but also have considerable depth theoretical and practical value of a major criminal law system. Because common-law theory of thinking logical starting point is experience, is the practical value target, the system of strict liability in criminal law as a " no intention no prisoners " of the exception in the late 19th century has been established. However, with the industrial society and the frequent economic activities, strict liability had not been abandoned but for fast development, strict liability has become a common law theory in a rather characteristics and an integral part.The study of the thesis, can deepen their understanding of the meaning of strict liability, and reasonable nature of the understanding, deepening the theory of strict liability, strict liability by China's development in a number of recommendations for our system of strict liability in the regulation of crime in the process of providing a theoretical basis. In today's high-tech industries developed rapidly situation, the continuing phenomenon of pollution to the state, collective, and the people's property and lives caused tremendous damage and may even cause immeasurable loss. Therefore, both the industrial and commercial enterprises enhance their sense of responsibility and duty of care, and other point of view, or from the guaranteed social point of view, are the establishment of strict liability is necessary; on Chinese procuratorial organs in handling cases of tension, but the perpetrators subjective Mentality difficult to prove the situation, the major hazards of crime is the establishment of strict liability appropriate choice. On strict liability is of special practical significance in China. Through the study of the restraining criminal law,I believe that China has strict liability in a reasonable existence and development, and Chinese current criminal law there have been involved in the crime of strict liability provisions. The restraining criminal law of the value of the Penal Code as one of strict liability is also undoubtedly in China's development is the guiding role.Fault inference and goodwill defence in strict liability, making the system is a reasonable core, and the efficiency of the two values of justice and the general coordination and unification. The world is moving in the penal reform in the direction of civilization and humanity ,Chinese Criminal Law are also efforts to this end. The pilot reform is the concept of change. The knowledge of the restraining criminal law is a good start.In the process of writing the author of strict liability analysis focused on the value of the integrated use of history, law, economics, philosophy, ethics, and other multi-disciplinary theories and research methods, learn from experiences of other countries, the real concern, based on comparison, pay attention Rational thinking, that theory in practice services.The thesis is composed of five parts.The first part is Introduction. This part include the background, an overview of domestic and foreign scholars, the choice of academic value and value.The second part is mainly the responsibility to be a strictly outlined. First, look at the historical evolution of strict liability; then from Britain and the United States of spying in the penal provisions of the sources of law of strict liability. Thus we can see that strict liability mainly concentrated in the "public welfare crime" and "moral crimes" categories of crime, of which the former majority again and then leads to domestic and foreign scholars to the definition of strict liability, assess various viewpoints , proposed the meaning of strict liability for their views; at last concluded the difference between a number of strict liability in criminal law and other concepts , to better understand the meaning of strict liability.The third part is strict liability and the restraining criminal law of the study. Some scholars believe that through strict liability and criminal law incompatible with the view of the restraining criminal law , the restraining criminal law discussed is that it contains the value of where and from the three areas on strict liability and the restraining criminal law of the value of the Penal Code is contained do not conflict, I finally made the idea of restraining strict liability.The fourth part is strict liability and the restraining criminal law in China. The first is the strict liability in China, a positive attitude towards this author, and the reality of demand from China, the principle of legality, a theory of crime and criminal rules do not conflict with the strict liability. These four areas discussed further in Chinese implementation of the real possibility of strict liability, and I suggest many ways about how restraining strict liability in China is going on , including legislative and judicial efforts on the direction.Part V is the conclusion. The main part of this paper is a summary of the basic viewpoints put forward the innovation of this paper, the paper concluded that in-depth study to be local.The main innovation is that, from a new perspective that is the restraining criminal law point of view on the reasonableness of strict liability, the idea is restraining strict liability , and in legislative and judicial areas of restraining strict liability , the road to how we should go. Maybe in a new perspective on the rationality of strict liability at the same time it is not so comprehensive and profound, strict liability of the restraining criminal law of the road is only part of the recommendations made to improve the general direction, the system failed to put forward reform proposals, not fully inspection Can be applied in practice, it is a long way for restraining strict liability to go.