Analysis On The Strict Liability Applicable To Environmental Criminal Law With The Law Value

The concept of strict liability was introduced in the Penal Code of the common law countries since the 19th century, and then crime theory of strict liability has been continued developed and improved to fight against crime which has played an important role early in the 1980s. Scholars began to introduce the theory of strict liability from Anglo-American criminal. Principle of strict liability has been widely applied in the common law of most countries in the field of environmental crime. The basic concept of the principle of strict liability has not yet been unified in the academic discussion in our opinion, so this thesis starts with the connotation and extension of strict liability. This paper argues that strict liability does not require that the prosecution as the prosecution to prove he mens rea element in criminal law, even if the subjective is difficult to discern sin, as long as the defendant has committed a criminal act which is prohibited by law, and who can not prove that there is no fault on their own subjective (specified by law to prove who is no fault), abscising for the criminal acts and crimes against people to presume the legal perpetrator and clear with the meaning of crime (at least negligence) as a return responsibility system. It emphasizes the transfer of the burden of proof that is the proof of mens rea burdened by the defendant. This paper basis on the clear concept of strict liability and further discusses the reason of strict liability applicable to environmental criminal law. Many scholars have done some more detailed expositions with the principle of the application of the theoretical basis and social infrastructure. From a legal point of view, it is necessary to analysis from the perspective of value theory when a new system introduction. this paper first analyzes the connotation of value, the main evaluation of the value from the law, law of the objective value, the value of law in the form of and evaluation criteria value of these levels, trying to apply the principle of strict liability on the value of location, that the value of the principle of strict liability is the existence of different levels and aspects. Value from anglicizing main method, we can see that the value of the principal actors have a strong subjective needs and requirements, but also it was given the color of the times, illustrating this point from the objective and subjective aspects of the discussion. The pursuing to beautiful objectives is discussed, then the pursuit of these values reflected are the objectives to be achieved in the law field; From the anglicizing about the from the application of the principle of strict liability law embodied, the purpose value is divided into order, justice and efficiency of the three basic values of Dharma; from the form value anglicizing, the stability and integrity is value about the application of the principle of strict liability; from the value of evaluation criteria anglicizing, the value of the balance of the value is value of the application of the principle of strict liability. The application of the principle of strict liability criminal law in environmental analysis shows that the value system of the law value. The principle of strict liability is in line with the environmental criminal law for the value of the concept of law.