Discuss The Imputative Principle And The Implementation Of Strict Liability In Criminal Law

Strict liability from civil law,the 19th century by Anglo-American country to introduce the field of criminal law is a special Anglo-American criminal law of criminal liability.Chinese criminal law and civil law countries do not recognize strict liability in criminal law.This paper mainly introduces the Anglo-American countries, strict liability,through the Anglo-American criminal law system of strict liability to conduct a detailed study,analysis of its historical background and development,a clear definition of its meaning,to explore the existence of a reasonable basis and in judicial practice in the operation of process,and common law strict liability for the country as the basis to explore the theory of strict liability in criminal law in our country ought to be home.From public policy,litigation and litigation costs of the efficiency of the inspection perspective,the existence of strict liability there is the need for Anglo-American criminal law on the merits of some of the things that draw us to absorb,our criminal law should be established at a certain scope of strict liability crimes.The theme can be divided into three parts:Part One takes the historical evolution of strict liability as logical start,it aims at finding its original state in Anglo-American criminal law;several kinds of definitions on strict liability contribute to the explicit definition of strict liability and it is thought that strict liability is a kind of criminal liability which is regardless of subjective fault. That is to say,once the action fell into the law's regime or resulted in a certain situation which law regulated,then this action can be sued or punished.Through the arguments all above,the character of strict liability is concluded.On this base,the author compares some conceptions that are relative to strict liability(liability without fault,absolute liability,error of the law,error of fact),and the difference among them is clarified.Subsequently,the author enumerates the sorts of strict liability.One of them is absolute strict liability and relative strict liability.It is believed that nowadays the character of strict liability is relative,and this is the trend of historical development.We can have explicit and deep sense of the real definition of strict liability in Anglo-American criminal law through the interpretation of this part.The Second Part of the theme deeply explores the theoretical basis and operation during the judicial practice of strict liability.The theoretical basis of strict liability is illustrated according to the perception of dialectical materialism,psychology,and legal philosophy.To grasp the marrow which strict liability involved,and explain the rational for the emergence and development of strict liability in the special situation of Anglo-American law system.Then introduce the specific practice of strict liability in Anglo-American criminal law.The litigant value of strict liability is fully reflected in judicial practice.Then the author discusses the various elements needed to be taken in to account when the court decide if strict liability should be used.It is believed that the general points of defense are permitted to use even in the strict liability.General points of defense include legitimate point of defense and "good faith defense"."Good faith defense" refers that when the prosecuting party sued in strict liability,the defendant is permitted to prove the absence of subject fault reasonably and faithfully, if he or she can convince the jury or judge,then he or she is free from guilty.This expresses that strict liability is developing from extremeness to rationalism, companied with revise.Article of the third part of our country whether or not strict liability criminal law provisions and the judiciary on the application of strict liability.Whether the existing criminal law of strict liability in question,at present there are still different views on the theory community,I think the system of strict liability in practice,there is a case for the relative performance of strict liability.This system in essence can be summarized as the presumption of fault liability,with certain reasonable.Based on the criminal law in our country specific categories of strict liability crimes,at the point of view of our country under the criminal legislation and the existence of justice,as well as how we should deal with the system.Drunken people on the criminal responsibility of the crime of illegal possession of firearms,the crime of rape young girls and a huge amount of property of unknown origin did not report the crime of the crime of missing firearms.Especially with regard to the crime of rape young girls and the judicial interpretation of the crime of a huge amount of property of unknown origin are discussed to prove that our country is indeed in the judicial interpretation of the strict liability provisions,but our country is at an absolute duty should not be allowed,on the contrary,strict liability not only for China's Criminal Law and allowed by the Code of Criminal Procedure,from the proceedings on the cost and effectiveness of the proceedings for the establishment of strict liability is necessary.Think,in some cases, our country can learn from the application of strict liability system.At the judicial practice of the specific application of strict liability should have a clearly defined scope and the limits must be regulated.