再论刑法中的严格责任

严格责任是一种同主观罪过紧密联系在一起的刑事责任承担模式,其以行为的外在形式对行为来进行定性,排斥了主观罪过对定罪的意义。这种模式背离了我国传统刑法上坚持的主观与客观想统一的原则,无法实现公正,违背了罪刑法定原则,其本质是一种客观归罪,严格责任的适用代价过于高昂,也不符合世界刑法非犯罪化的潮流与趋势。因此,我国刑法不宜采用严格责任。

On Strict Responsibility of Criminal Law

Strict responsibility is a kind of mode of bearing criminal responsibility which links to subjective fault; it determines the nature by external form of behavior to the behavior, repelling the meaning of the subjective fault on determining a crime. The mode deviates from our country's traditional criminal law principle which the subject unifies with the object, it is unable to realize being just, having violated the legal principle of crime and punishment, its essence is imputed to object, the cost of strict responsibility is too high and not accord with world criminal law trend and the trend of committing crime either. So, the criminal law of our country is unsuitable to adopt strict responsibility.