论我国行政犯罪中严格责任的合理架构

Reasonable Framework of Strict Liablity about Chinese Administrative Criminal

英美刑法中的严格责任主要体现在"公共福利犯罪"和"道德犯罪"等方面,因而严格责任在行政犯罪中有较多适用。在我国,行政犯罪的外延范围与英美刑法严格责任的适用范围存在着一种交叉重叠关系。因此,在我国行政犯罪中,特别是交叉重叠部分引入严格责任是可行且有益的。在行政犯罪中架构严格责任理论,宜对其主观罪过表述模糊化;在法定刑上,适用严格责任的行政犯罪的处罚,应较适用非严格责任的犯罪处罚为轻;同时,应完善举证责任分配制度,建立证据救济制度。

The strict liability is mainly reflected in such as the public welfare crime and moral crime in the Britain and the United States criminal law. Thus strict liability is used very often in the administrative offense. There is a cross and overlap relationship between the extension of the scope of administrative offense in our country and the scope of strict liability＇s application in the Britain and the United States criminal law. Therefore, the intro- duction of strict liability is feasible and useful in our administrative offense, especially in the above - mentioned overlaping part（mainly related to public health, social welfare, environmental protection and other aspects of the crime）. The strict liability theory＇ s framework in the administrative offense should be： let the Statements about administrative offense＇s subjective sin be vague; punish about the administrative offense that apply strict liability should be less strict than the offense which not apply such theory; at the same time, the burden of evidence＇s distribution system should be improved, evidence relief system also should be established.