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On Application Of Strict Liability Offense Of Public Hazards

Posted on:2014-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:H H LiuFull Text:PDF
GTID:2266330401484947Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Strict liability" is originated from the Anglo-American Criminal Law ", it breaksthrough the traditional principle of" no crime means that no prisoners". In many haveadapted to the strict liability cases, mostly relates to public security crime. This kind ofharm behavior subjective prove very difficult to make the necessary conditions for thecrime, easy to cause the criminals escape, So these crimes often apply strict liability. Inour country the region above the advocates of strict liability system, not only caneffectively prevent crime, but also helps to improve the judicial efficiency. Not onlymake the criminal punishment in the face of social protection act, but also make thecriminal punishment in better can face the behavior of human social protection, toachieve the best balance of efficiency and justice. In view of this, this thesis in the sort ofAnglo-American criminal law provisions on strict liability system, Elaborate on thetheoretical problems of crime of our country and how to apply strict liability system arediscussed. In addition to the introduction and conclusion, is composed of five parts, thefifth part is the core of this article.The first part: The public nuisance crime.Firstly, the public nuisance crime,Secondly, analyzed the particularity of public nuisance crime, to further reveal the publicnuisance crime through the analysis of the particularity of the three.The second part: present situation and legislative defects of public nuisance crime inchina.The third part: clarifying the strict liability in criminal law. First, strict liability is apractical definition. Secondly, some comments on Application of strict liability doctrinein the Anglo-American criminal law are. Finally, expounds the necessity of introducingstrict liability in our country public nuisance crime.The fourth part: the public nuisance crime of our country apply strict liability basis.By discussing the basis to prove that strict liability in environmental pollution crime inour country is in the proper position for, is necessary for social development and publicnuisance crime.The fifth part: The construction of public nuisance crime apply strict liabilitysystem. the design of the part, in order to make the strict liability system can really intopublic nuisance crime in our country, and to play its due effect, achieve the purpose ofthis paper.
Keywords/Search Tags:Public nuisance crime, Strict liability, Fault principle, Presumption of fault
PDF Full Text Request
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