On The Construction Of Strict Liability In The Crime Of Endangering Food Safety

Strict liability system is a Characteristic of the system of the British andAmerican criminal law. Due to the particularity of its background, as well as thecharacteristics of its subjective sin that crime does not consider the offender and themodern concept of criminal law as crime should adhere to the "legality", is in conflictwith the principle of consistent subjective and objective, so it is disputed in thetheoretical circle. The present situation of our country’s economic and socialdevelopment and social problems we faced are similar to British and Americancountries in the sixties and seventies of the19th century, especially in the prohibitionon endangering food safety crime and have intensified trend. Therefore, facing thesimilar social status, our scholars began to look for the methods to solve the problems,the introduction of strict liability begin into the discussion. The analysis of the strictliability is limited at this stage, the definition, connotation, theoretical classificationcontroversial of this system have not form a unified theory, which is caused it a bigproblem that whether to introduce the system of strict liability in our country. Atpresent, the quantity of endanger the safety of food crime is increasing year by year,the consequences of food safety crime is serious, food safety problem has become thefocus of widespread from all walks of life. Endanger the safety of food crimelegislation, strict judicial, formulate perfect criminal law system, severely crack downon the crime of endangering food safety is the top priority. Therefore, clear theconnotation of strict liability system to determine whether to introduce the strictliability system in our country, how to introduce this system and how to set up thecorresponding criminal law has become our important issues to be resolved. In thispaper, based on the theory discussion and controversy about the strict liability systemof comparative analysis, summarizes the connotation of the strict system, clear thenature of the system. By analyzing the hazards present situation and problems of foodsafety crime in our country, expounded the necessity and feasibility of introducingrelatively strict liability system, I hope I can do something good for our country’scriminal legislation.This paper consists three parts: preface, text and epilogue. The body part includes:The first chapter: the origin and connotation of strict liability. Through theanalysis of the historical development of criminal law imputation system, trace thecauses of strict liability system to determine a more accurate definition andconnotation of this system. By analyzing the development process of the cognizanceof the imputation system for crime in the criminal law, as well as the background ofstrict liability system, and determine the purpose and the establishment of strictliability system of spiritual essence. Contra pose the comparative analysis about thedifference between the definitions of strict liability system, summed up a definition ofstrict liability system. Summarize the classification of strict liability in recent criminalsystem, compared strict liability with absolute liability, and with the liability withoutfault and the results the responsibility, clear its own characteristics of strict liability,and clear the connotation of strict liability.The second chapter: analysis the endangering food safety crime. In this part, theauthor analyzes the definition of the content about the harm of food safety crime inrecent times, giving us a clear definition of the harm food security. Summarized thatin order to endangering food safety crime definition we need to cover the most widely,we can protect the welfare of the social public in strict liability form. And discussesthe harm to of food safety crimes, summarize experience from the legislative history,as well as absorbing foreign related to endanger the safety of food crime legislationform, finding out the defects and problems in our country legislation.The third chapter: the introduction of strict liability system. In this chapter theauthor through discuss the scholars’ opinions of whether to introduce the strictliability system in our country, analysis of the advantages and disadvantages ofscholars’ views, take out the views of the author. At last, analyze the necessity,feasibility and the feasibility of the introduction of the strict liability system.The fourth chapter: the specific building of strict liability. In this chapter, theauthor puts forward the specific about introducing relatively strict liability system inour country construction, including the detailed introduction of this system in thecriminal law, the construction of substantive law and procedural law and thepunishment. In the construction of substantive law, the author puts forward the specific provisions of criminal law general principles, as well as the legaljustifications on specific plans, a clear responsibility for everyone’s duty of care;clearly endanger food safety crime constitution of crime, distinguishing the liabilityexemption reasons for discrimination. In the procedural law, discusses the burden ofproof for the prosecution, the allocation of burden of proof, the protection of the rightof defense and the defendant. In punishment, the author establishes the specialposition of fine punishment, puts forward to perfect the system design, and subscribesto introduce qualification punishment.