英美刑法之严格责任述略

On the Strict Liability in the Anglo——American Criminal Law

严格责任制度凸显于英美刑法中。结合英美刑法的判例背景 ,可以用案例分析的方式归纳出严格责任的适用标准与价值取向 ;英美刑法理论界对严格责任持有各种观点 ,但对其在实体上和程序上分别定义才是恰当的。严格责任有普通法上的严格责任和制定法上的严格责任之别 ,亦可分为绝对严格责任和相对严格责任。

There are so many provisions about the strict liability in the Common Law. We can learn the standard for application and its valuation from the analysis of cases. There are also many viewpoints on the strict liability. But the definition should be divided into both esse and process. The typical classification for strict liability is the strict liability in Common Law and in established law, and the absolute strict liability and comparative strict liability.