论英美刑法中的严格责任及其借鉴

严格责任是英美刑法中一种特殊的刑事归责方式,是一种无罪过责任,即罪过不是犯罪构成的必要条件。而我国 学者对严格责任的认识各不相同,有的学者认为严格责任就是绝对责任;有的学者认为严格责任不同于绝对责 任,但英美刑法中既有严格责任,也有绝对责任。通过对二者的实质性探讨,从公共政策、诉讼效率及诉讼成本的 视角来考察,严格责任有其存在的必要性,英美刑法中的一些做法就值得我们借鉴吸收,我国刑法应该在一定范 围内确立严格责任犯罪。

The Strict Liability of Criminal Law in Common-law System

Strict liability is a special criminal responsibility and one of the liability without fault in English and American Criminal Laws , that is to say , fault is not the necessary requisite to constitute a crime. The opinions of strict liability are different in our country. Some people considered that strict liability is absolute one; some one argued that strict liability is different from absolute liability. I think that strict liability and absolute liability are all existing in English and American criminal laws. By analyzing the essence of strict liability, a conclusion is made: there is no strict liability in our criminal law. However, from the angles of public policy and the cost of lawsuit, we should use it for reference.