刑法中的推定责任制度

推定责任是严格责任的演进结果。严格责任经历了一个由绝对责任向相对责任的渐进过程。现代意义的严格责任实质上多为符合犯罪构成理论和罪刑法定原则的推定责任。我国刑法的规定是推定责任存在的根据 ,它寓意于法律语境和立法主旨之中。推定责任主要有危险型犯罪、奸淫型犯罪、持有型犯罪和腐败型犯罪。推定责任的刑事制度主要包括举证责任倒置和期待不能的免责理由两项内容。根据刑事法治的需要 。

Constructive liability is developed from the strict liability. Strict liability has experienced an evolutionary process from absolute liability to relative liability. The strict liability in modern sense is substantially the constructive liability in accordance with the crime constitutional theory and the principle of a prescribed punishment for a specific crime. The provisions of our criminal law, implied in the legal context and the legislative purpose, are the basis of the existence of the constructive liability. Constructive liability applies to mainly the danger crime, the rape crime, the holding crime and the corruption crime. Constructive liability includes mainly 2 systems as the inversion of the proof burden and the immunity reasons for anticipated incapability. It is essential to establish the constructive liability of our criminal law in accordance with the requirement of criminal rule of law.