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On Strict Liability Crime of Anglo-American Criminal Law and Its Influences on Crime of Major Liability Accident of the People’s Republic of China

Author: MaYan
Tutor: ZhangHongWei
School: Guangxi University
Course: Criminal law
Keywords: Strict liability crime Anglo-American criminal law criminal structure Separate criminal mentality Major Accident Crime The burden of proof is inverted
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 40
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Abstract

The principle of attribution of criminal responsibility from the a single objective incrimination, medieval subjective incrimination, to establish the absolute position of the subjective and objective unity of principle in criminal law scholars show mankind for their own subjective knowledge of a leap. However, with the rapid economic development has brought potentially dangerous increase in some special areas of crime, law, adopt non-formal proof, the burden of proof on the program upside down, the responsibility of their own innocence through behavior by the defendant the burden of proof, strict responsibility for crime is the manifestation of the provisions of this exception. The incompleteness of the structure because of the crime, at its beginning, it was considered to be \Contingent of strict liability is a system of unique charm, although controversial multiply century Anglo-American criminal law, and the trend of widening range of applications. Exotic as a Chuan Cheng Ziying United States criminal law, strict liability crime environment back to its birthplace, to restore its essential properties, to re-examine the legitimacy of strict liability value, and maximize the interests of society as a whole, for strict liability crime plan a relatively reasonable applicable boundaries, for the benefit of our criminal law, is the original intention of the writing of this article. As Professor Su Li said: the \this practice does not make sense. \Anglo-American criminal law criminal structure theory as the basis, the delicate relationship sketched out the elements of strict liability to be blamed, to lay the foundation for the subsequent expansion of this article; Finally, the interpretation of the brief review and comment on the Anglo-American criminal law in the several strict liability criminal typical case its inherent philosophy but also later demonstrate the legitimacy of strict liability crimes value basis. The second part is mainly by way of example describes different domestic and foreign scholars strict liability criminal connotation defined from the view of the definition of the Anglo-American scholars under the strict liability crime, the British criminal law gradually strict liability and absolute liability to distinguish the United States summed up in the judicial practice a series of rules to exclude the application of strict liability is a strict liability crime in general can replace the use of absolute liability. While domestic academic discussion of strict liability is relatively warm, but the information gathered from the author seems defined expand around solid feature, the lack of inversion of the burden of proof procedures, I believe that the meaning of the strict liability regime should be substantive and procedural two be defined seem to be more complete. The third part of the legitimacy of the value of the criminal strict liability exists demonstrated, as described for the three parts of the Anglo-American criminal law criminal structure retained the support of the basic principles of criminal law, criminal law, utilitarianism, and legal and fair game, from strict liability crime policy environment, the criminal law structure, theoretical support three aspects to start on its reasonableness based on profiling to understand the birth of the strict liability crime inevitable no accident, and uncover the mystery of the strict liability crime. Part IV discusses China's suitability for a variety of reasons for the introduction of a strict liability crime, the suitability of our introduction of strict liability regime typical summarized contrast domestic academic point of view, then made the author's point of view, that the reason why strict liability crime in our highly controversial criminal law scholars, one of the keys to it is to define its connotation ambiguity of two is on the strict liability regime should not only be limited to the consideration of a particular aspect, it is not so much a system applicable transplantation, as it is a value of the trade-off countries to use legal means to gradually transition to the community-based individual standard. Fifth part introduces the the author Major Accident example, imagine how strict liability regime localization Construction in China's criminal law, not the integrity of the decision only as a strict liability crime structure an exception to provisions exist Major Accident in certain areas of crime, crime is typical of harm to public safety category of crimes, and the status of the high incidence of other people to worry about, I try to resistance to the introduction of strict liability regime Major Accident, concrete contains The content of the substantive law of the basic principles of criminal law theory of crime constitution, Major Accident discretion to add and modify the procedural law of the Code of Criminal Procedure of supporting, and carried out, in order to prevent abuse of the system of strict liability, it is recommended that a few limitations.

On Strict Liability Crime of Anglo-American Criminal Law and Its Influences on Crime of Major Liability Accident of the People’s Republic of China

Abstract

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