对刑法中严格责任的理性思辨

Rational Consideration of Strict Liability in Criminal Law

随着近代工业的高度社会化,经济活动异常频繁和复杂。高度危险行业的迅速增长,公害的日益严重及犯罪的激增,使严格责任应运而生。作为近代刑法的刑事责任归责方式之一,严格责任具有重要的程序意义。它是实现罪过责任的一种特殊途径,具有效率性和公平性的双重价值,对我国的刑事立法和司法实践具有重要的启发作用。

Along with the socialization of neoteric industry,the movement in the field of economy gets extremely frequent and complicated. The rapid increase of highly dangerous industry and the extreme growth of the public health hazard and crime with every passing day make the strict liability emerge as the times require. As one of the criminal responsibility imputative manners of modern criminal law, strict liability has the important procedural meaning. It is a sort of special way to realizing criminal duty, which has the double value of efficacious and fair nature and has the important enlightening action on penal legislation and judicature of our country.