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Research On Strict Liability In Criminal Law

Posted on:2010-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:R ZhangFull Text:PDF
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Strict liability is unique system of the Anglo-American criminal law. There are differences between the continental law system country and our country criminal law in its contents and procedure of the characteristics. Because the legal tradition of the continental law system country that strict liability is repelled by continental law system country. Theory circle of our country denied strict liability either. But the main reason is that there is deviation in strict liability theory understanding of scholars mind. Nowadays, strict liability is completely accords with principal of a legally prescribed punishment for a specified crime and the essence of guilty responsibility. In fact, whether in the criminal legislation of our country and in the relevant judicial interpretations, the strict liability exists. Typically, criminal law has strict liability which is a huge amount of property crimes of unknown origin, girl rape crime, holding type of crime and so on; in Code of Criminal Procedure, sharing the burden of proof about a huge amount of property of unknown origin in the crime proved the strict liability has been accepted in criminal legislation by our country. However, theory of criminal law and our country did not explicitly recognize the existence of strict liability; such contradictions will lead to the judicial department in dealing with the substantive crime of strict liability in a dilemma. Meanwhile, the existence of such a situation can not be reached on unification in criminal law. How to reach the unification in criminal law system regarding the issue of strict liability and how to make theory of strict liability can guide our country judicial practice well? This is the issue of this paper. From rationality of the strict liability and it's contradiction between statutory crime and guilty responsibility, we can see if we will establish the strict liability, we can't apply strict liability of Anglo-American criminal law totally. We should learn from strict liability rational core and concern its possible negative impact at the same time. We should make the corresponding restrictions to apply criminal law of our country. In this paper, I want to explore the theory of strict liability concept and know the practical application of the situation in Anglo-American criminal law of the strict liability. On the base characteristics of strict liability and its scientific, we prove possibility of strict liability and reality which be set up. In my opinion, we should establish the limitation of the strict liability effectively. This paper contains three sections: the first section, we research the origin of the strict liability theory and concept .By comparing Chinese and foreign scholars on the argument that strict liability and Recalling the classic case of strict liability, we can make the concept of strict liability and its characteristics clearly., we explain the problem of strict liability at first, then argue philosophy base about strict liability theory and points which fit crime constitution theory and Criminal Procedure of our country. Subjective aspects on strict liability and procedures of the burden of proof are special for criminal law which can be accepted by our criminal law because of the rationality. The third section is that find out the problem about strict liability in our criminal law, for instance, drunken crime, undue defense and excessive necessity and so on. According to the characteristics on inside dealing and trading crime, in my opinion, if we can introduce strict liability, it will be beneficial to deal the case promptly and protect the public interest. Finally, application of strict liability may be has some weak points, so we should limited strict liability in some aspects.The history of strict liability exited about one hundred years, obviously, there are many opposite view about it. But strict liability make itself fit development of the society perfectly. Strict liability of Anglo-American criminal law also caused deeply thoughts in our country theory circle of criminal law. Combined with our country's legal traditions and social circumstances and the inherent characteristics of strict liability strict liability established in the Criminal law are very necessary. However, the application of strict liability against the possible negative impact we have to be considered adequate, clear limitations of strict liability. This is the only way to establish a system of strict liability is justified in order to truly reflect the value of strict liability and practical significance.
Keywords/Search Tags:Strict liability, Base of theory, Limit condition, Rationality
PDF Full Text Request
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