| Strict liability is a feature of criminal law theory in Anglo-American law system. Scholars have different viewpoints about the strict liability, let alone Continental law systems and our country criminal law. But strict liability is not abandoned with the development of industry and the frequent economic activities, even the Continental law systems also began to accept research into the concept and the rationalization of strict liability then form two different opinions. The author tries to perceive the true strict liability and wishes criminal law in China benefits from the study.This text has three chapters in all: Chapter one has introduced the overview of strict liability. Strict liability produce industrial revolution period, it punishes those have greatly dangerous to the public and crime intention don't proved difficultly. The judge interprets some crimes as strict liability during the process according to factors such as the legislative original meaning and social danger etc. However, Scholars in Great Britain and in America have objections to strict liability, even so, Strict liability is still in constant enlargement . Chapter two analyzes the rationality of strict liability, it pursues utility but not neglects impartial, it is effective to prevent crime but not violate modest restraining of criminal law. However, it is defective, we need revise it. Chapter three introduces meaning of strict liability both at home and abroad at first, the author thinks essence of strict liability to infer the fault and reduce the burden of proof, it refers that law infers some particular criminal offence , terms or person in being in a certain state to accord with legal provisions, infer it have fault subjectively , reduce prosecutor to one or several behavioral key element subjective burden of proof of intention, unless the defendant can put forward one's own defence reason without fault subjectively , otherwise we can punish them. Strict liability accords with subjective and objective unified belonging to the responsibility principle and it can be drawn lessons from by our country. The part holding type crime among the criminal law of our country and crime of polluting the environment can be applicable to strict liability. |
