严格责任的中国命运

The Destiny of Strict Liability in China

严格责任是在某些特殊案件中没有主观过错或起诉定罪不问主观过错的刑事责任制度,但它的内容不断在司法实践中得到修正。严格责任与我国的罪刑法定原则、主客观相统一原则、刑罚目的、刑法谦抑这些制度是能够相容的。在我国刑法中引入严格责任是现代刑法机能的内在要求,是发展罪过理论的需要,是司法实践的现实需要。

Strict liability is one of criminal liabilities referring to the occasions without guilty or neglecting guilty in the course of judging crimes or determining penalty. But its connotation has been revised in the judicial practice. Strict responsibility is probably compatible with the principle of a legally prescribed punishment for a specified crime, the principle of integration about subective aspect and objective aspect , the purpose of punishment. We should lead into it in order to meet the need of function of criminal law, the theory of offence and judicial practice.