The Case Law Analysis Of Strict Liability In Anglo-american Criminal Law And Its Enlightenment

Strict liability is an important product of the Anglo-American criminal law.Its birth has a strong utilitarian purpose and is a new solution proposed in the face of many problems brought about by the development of industrial society.It is undeniable that in the early stage of strict liability generation and in a long period of development in the future,strict liability has a strong color of result responsibility,but with the development of practice,combining with the United States and the United States and Australia,New Zealand,Canada and other countries Judicial practice shows that the strict liability at this stage reflects more of a relatively strict liability as a presumed intentional existence,and has sufficient defense reasons.However,in the civil law system and china criminal law,there have always been prejudice and misunderstanding of strict liability,but it can be seen that as a presumptive strict liability does not violate the principle of responsibility of criminal law,on the contrary A supplement to the principle of sin.This article is divided into five parts,the specific content of each part is as follows:The first part begins with the introduction of the current strict liability theory in the Anglo-American criminal law and related academic disputes.Strict liability theory is an academic dispute in the theoretical circle of criminal law in China.To come up with the core issues of this article.What is the quiddity of strict liability? And whether the strict liability can be connected to our criminal law ?The main point of this paper is to use the case law research method to trace the roots and analyze the specific judicial practice of the Anglo-American criminal law countries,and explore its substantive connotation from the birthplace of strict liability and its prosperity.The second part introduces its development in the theory of criminal law in Britain and the United States.Through the review of academic history,it points out the misunderstandings of domestic scholars on the study of strict liability theory.First of all,I did not realize that the understanding of strict liability in the British and American criminal law circles is also controversial,and some scholars' views are regarded as golden rules.Secondly,they do not recognize the different stages of development of strict liability theory from the perspective of vertical development.Strict liability is tantamount to absolute liability that does not require guilt,and strict liability is imposed on absolute strict liability.In the process of theoretically sorting out strict liability,it can be seen that the understanding of strict liability in the Anglo-American criminal law iscontroversial.Through the re-recognition of the methodology of the development of strict liability theory in the Anglo-American criminal law,we seek a new path to the study of strict liability theory.The third part should be the focus of this article.In this part,a large number of jurisprudence from different countries in the Anglo-American legal system will be added.In this chapter,the classic jurisprudence of the United Kingdom,the United States,and other common law countries and the different defense reasons will be introduced in the order of time.Through the analysis of the case and the cause of defense,the development of the strict liability system and its essence can be clarified.It can be seen that under the guidance of the judicial concept of pursuing legal efficiency and paying attention to practical results,the strict liability system is in the fight against environmental welfare,public safety and other public welfare.It plays an important role in crime and in protecting the legitimate rights and interests of young girls.By simplifying the burden of prosecution of the prosecution,it has realized the inversion of the burden of proof by presumping the existence of criminal intent in some crimes with high crime rate,professionalism and proof of fault.It has improved the efficiency of litigation,cracked down on crimes,and safeguarded society.The normal order.At the same time,the application of the defence provides a guarantee for the protection of the legal rights of the perpetrator.Generally speaking,at this stage of the Anglo-American criminal law countries,it cannot be considered from the perspective of litigation efficiency.Strict liability is not an absolute responsibility.In the applicable mode of strict liability,the presumption of intention is pushed,which provides a feasible solution for the dilemma proved by the subjective aspect.The fourth part is the specific analysis and recommendations for the application of strict liability localization.The first section provides an argument for the strict liability to be applied in the current French context of our country,providing a realistic basis and theoretical basis for the application of strict liability.The second section specifically analyzes the legislative provisions on strict liability in criminal law.The third section provides some ideas for the application of strict liability in criminal law.The fifth part is the conclusion of this article.