对刑事严格责任若干问题的再认识

New Understanding towards Several Issues on Criminal Strict Responsibility

我国对刑事严格责任制度研究起步较晚,对严格责任基本问题未能达成共识。但就大陆法系是否存在严格责任,绝对与相对严格责任分类,可反驳严格责任性质等问题上看法颇为一致,有形成通说趋势。然而,几近通说的上述问题仍存在着认识误区,因此,有必要就上述问题进行辨析。

Our country starts relatively late on system of criminal strict responsibility, and fail to reach common understanding to the basic issues of it. But there＇s common understanding on whether there＇s strict responsibility in continent law system, on the classification between absolute and relative strict responsibility, and on the issues about the nature of refutable strict responsibility, therfor, it tends toform a universal theory on these aspects. However there still exists some misunderstanding about them. thus,it is necessary to differentiate and analyze them.