论我国刑法中的严格责任

大陆法系国家不承认严格责任,英美法系国家对其的态度也并非完全一致,我国刑法学界由于对严格责任的含义及性质在理解上存在较大分歧,故而在如何评价以及是否借鉴国外严格责任的理论和实践方面意见不一。笔者认为,严格责任并不是罪过责任的对立物,其本质在于免除起诉方证明被告人主观过错的举证责任。我国刑法中不但具有严格责任存在的合理性,也有严格责任的实际存在。

On the Strict Responsibility in the Penal Code of our Country

Countries with the continental legal system don' t recognize the strict responsibility, and the countries with British and American legal system are not totally integral toward it. Scholars of the criminal law in our country greatly vary in understanding the implication and nature of the strict responsibility, so they disagree on how to evaluate and whether to learn the theory and practice from foreign countries. This writer thinks the strict responsibility is not contradictory to the offence responsibility, whose essence lies in the fact to exempt the prosecutor from the responsibility of giving proof of the subjective of the accused. The penal code of our country is rational for the strict responsibility to exist, and it really exists in the penal code.