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Strict Liability in Criminal Law System

Author: ZhanHongXing
Tutor: TangZiBin
School: Hunan Normal University
Course: Legal Theory
Keywords: Strict liability According to Scope Principle of Legality Crime Constitution Theory Purpose of Punishment The value of the Criminal Code
CLC: D914
Type: Master's thesis
Year: 2002
Downloads: 169
Quote: 2
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Strict liability is a common law countries, a feature of the theory of criminal law, litigation has important value. China scholars in the process of introducing such a theory, and reasonableness of its connotation carried out extensive and useful discussion. As to the existence of strict liability in criminal law, scholars formed a view diametrically opposed factions, but both admit that strict liability, the value of the efficiency of its action is undoubtedly enormous. In this paper, some theoretical issues of strict liability to elaborate, in order to deepen the understanding of strict liability, find it with our existing criminal law theory fit points, for its localization. This paper is divided into four parts: the first part discusses the overview of strict liability. First, an overview of the history of strict liability, and then through the Anglo-American scholars to the definition of strict liability under analysis, the strict liability of the original connotation, characteristics and classification. Then also on the common law countries, civil law countries, and strict liability Criminal Law Legislation condition introduced. Through the analysis of two schools of thought, I believe that in our current general principles of criminal law and the existence of sub-rule are strict liability legislation. The second part discusses the basis of strict liability exists. Strict liability has been produced since the twentieth century, it is highly controversial. The author believes that strict liability arises and exists, has its philosophical, psychological and judicial practice basis. From a philosophical perspective, as well as awareness of the limitations of objective behavior of complex diversity allows us to be on the current theory of the development of sins, strict liability theory just can make up for the lack of sin. From a psychological perspective, intentional and negligent does not fully outline the rich inner human activities, strict liability against the ruling class at this stage to meet other subjective forms of crime needs; terms from judicial practice, strict liability can prevent existing social emergence Special Crime and efficiency of the proceedings. Then also on the existence of strict liability were economic analysis. The third part discusses the scope of strict liability limitation. Because of the severity of the penalty, if any expansion and abuse of strict liability, is bound to endanger the human rights of citizens and undermine national and social stability, as from the application of strict liability must be some restrictions. Limits for strict liability can be divided into physical and procedural limitations on restrictions on two aspects. Physical limitations on the main consideration of criminal legislation changes, the behavior of the degree of harm, the severity of the penalty, the law is intended to prevent crime such factors as the degree of difficulty; procedural restrictions mainly to allow statutory defenses and good defense system existence. The fourth part describes the strict liability and an important theory of criminal law child relationship. For strict liability and the main theory of what is existing exclusion or the answer to this question can be compatible with our relationship to the attitude of strict liability. I believe that is possible with the offense of strict liability principle of legality, crime constitution theory, the purpose of punishment, criminal law compatible with the value. Therefore, rather than criminal law theory divorced from it, or far-fetched to be explained, as justifiably be recognized.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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