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Discussion And Comparison Of Subjective And Objective Unity Of The Principle Of Strict Liability

Posted on:2008-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:B R XieFull Text:PDF
GTID:2206360215473055Subject:Criminal Law
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The basic principle of our country Criminal law is the unified principle ofsubjective and objective. This principle penetrate in the whole Criminal legalsystem. Its basic meaning is that determine guilt and investigate the committer'slegal responsibility must obey the organic unification of subjective crime andobjective harm. But the strict responsibility which origined in the responsibilityprinciple of British and American legal system, is not for the subjective crime forits main characteristic. It has the essential theory value and practical significance ifwe explicit the history origin, connotation and status for the unified principle ofsubjective and objective and strict responsibility. The whole essay is in five parts torescarch and evaluation.The first part of this essay is to explain the unified principle of subjective andobjective. There are several different viewpoints for the formation of the unifiedprinciple of subjective and objective in our country Criminal law educationalworld. Somebody think that this principle is in the basic of subjectivism andobjectivism, but other's don't agree. The author's own viewpoint which is basic inthe thorough evaluation is that this principle's premise opposites the congenitalflaw of imputing objectively and imputing subjectively firmly, unifies the goodpoints of imputing objectively and imputing subjectively with the materialisticdialectics of Maxism which was aided of this principle to settle its philosophyfoundation.The second part of this essay is to elaborate the status of this basic principle.The scientific and fairness of this basic principle decide that it is the basic principleof our country Criminal law. In this part, it discuss carefully the reason of thisprinciple how to penetrate the whole criminal legal syetem.The key of the third part is that it explain the history origin and application ofstrict responsibility. The strict responsibility is one of the responsibility principlewhich is not for the subjective crime. The author think that this strict responsibilityhas its own historical reason and realistic soil, but it also disobeys fair and infringeshuman rights.The fourth part is to compare strict responsibility and the unified principle of subjective and objective with the basic of the different ways on the responsibility inthis two different legal frame works. The author think that strict responsibility andthe unified principle of subjective and objective both have contradicts and can notbe compatible in the same Criminal law. This contradicts include the difference ofapproval, constancy, value pursue and philosophy foundation. The unifiedprinciple of subjective and objective is the basic principle of our country Criminallaw, and it make sure that our country will not approve the strict responsibility andit has not the condition for approving in this stage. If we insist on the unifiedprinciple of subjective and objective, we must object the strict responsibility.The last part of this essay is to discuss the judicial interpretation which madeon nearly three years. It point out explicitly that raping the young girl to rape thecrime penetrates the unified principle of subjective and objective and repels thestrict responsibility. The crime of raping the young girl is the category of raping thecrime. It is without doubt in theorists and practice department that this crime implefor determining guilt and punishing in the basic of unified subjective and objective.
Keywords/Search Tags:The unified of subjective and objective, Strict responsibility, Rape the young girl
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