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Study on the Rationality of Strict Liability

Author: XiaChenMin
Tutor: LiJie
School: Jilin University
Course: Criminal Law
Keywords: Criminal law Strict liability Presumption of fault Rationality
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 85
Quote: 0
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Abstract

Strict liability in criminal law is common law countries, industrialization and social development needs imputation system established in the early 20th century, in the late 19th century , the existence and development has been accompanied by all the controversy . China 's criminal legislation and theorists have not clearly established such a system , our scholars of their the real connotations and the pros and cons analysis is a matter of opinion , has not yet reached a consensus . This paper to examine the background and development of the system of strict liability change process , summarize all the academic point of view and rebuttal , to clarify the basic connotation of the relatively strict liability , to distinguish with absolute responsibility on the presumption of fault and the transfer of the burden of proof is relatively important element of strict liability . And as a cornerstone , through the analysis of the social conditions in China , the legal conditions and strict liability principle of legality , the fit between subjective and objective unity of principles and Restraining Criminal Law , demonstration of the existence of reasonable and necessary for strict liability sex . Finally, the introduction of the system of strict liability design in China's criminal law , the key is to consider the possible negative impact of strict liability established and applies process , set the necessary restrictions in the legislation and practice of strict liability , strict liability, give full play to its validity , truly reflect their own values ??and significance .

Study on the Rationality of Strict Liability

Abstract

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