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The Strict Liability of Criminal Law in Common-law System

Yanjun Ren

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Abstract

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.

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What this paper is about

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.

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Available abstract

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.

Key concepts: Strict liability, Law, Lawsuit, Liability, Legal liability, Delict, Mens rea, Criminal liability

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