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On The Defendant's Guilt Of The Strict Liability In Criminal Law

Posted on:2012-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:X L BianFull Text:PDF
GTID:2216330368492142Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The strict liability in criminal law is the catalytic material of risk society, is the law of the social rules of operation of a spontaneous rediscovery, screening, and identified. It can be traced back in ancient times of the result responsibility in criminal law, simply as "the result of objective harm" as the strict liability of the "strict" criteria, after the baptism of social development, it gradually evolved into the modern system of strict liability in criminal field. Modern strict liability in criminal law based on the Britain, developed in the Britain and the United States, after more than a century, although appraise mixed, but it's not been the "sink", but increasingly strong. Now, the strict liability not only exists in criminal area of the Britain, the United States, Canada and other common law countries , but civil law countries began to recognize the existence of strict liability in criminal law. In fact,the strict liability established in the criminal field is no accident, and the inevitable demand of social development, which has its own deep historical roots, social roots, and legal roots. Risks of modern society are increasing sharply, as individuals, society as a whole needed to survive facing unprecedented threats or hazards, and the traditional principles of criminal responsibility in the interests of social protection of vulnerable groups appeared "powerless", the urgent need to make the traditional principles of criminal responsibility amendments and modifications necessary and effective, so, the strict liability in criminal law as necessary for the development of modern society, came into being. The strict liability in criminal law have important practical significance both the coordination of justice and efficiency and the balance of protection of individual interests and social protection of vulnerable groups'interests. If the strict liability in criminal law is a thriving "tree", then the guilt of the strict liability in criminal law is the root of "tree", is the foundation of the strict liability in criminal lies. The essence of strict liability in criminal law is reduction of the presumption of fault and the burden of proof, is a necessary modifications and amendments to the traditional principle of presumption of guilt, and with the traditional principle of presumption of guilt constitutes a primary to determine a secondary pattern of criminal guilt. The strict liability in criminal law has its own philosophical foundation, social foundation and legal foundation, the interests of social protection of vulnerable groups and the legal justice and efficiency of its value lies. In fact , the guilt of the strict liability in criminal law applicable to the field of criminal is inseparable from the process of legislation norms and judicial practice, therefore, the guilt of the strict liability in criminal law and the subjective elements of crime in the integration and the realization of the rights and obligations become a top priority. The improvement and development of the guilt of the strict liability in criminal law, whether it is for the strict liability applies and development in the criminal field, or values of the criminal law will be of great significance.
Keywords/Search Tags:the strict liability of criminal, the subjective guilt, social risk, presumption of fault
PDF Full Text Request
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