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严格责任作为英美刑法所特有的一项制度,在我国是否有适用的余地,各学者意见不一,主客观统一原则是我国刑法中的基本原则,控诉方对任何犯罪的证明都必须根据这一原则,依据犯罪构成要件的要求证明被告人有罪。根据刑事诉讼法的规定,证明被告人有罪的责任由控诉一方承担,被告不承担证明自己有罪的责任,也不承担证明自己无罪的责任。而严格责任作为一种归责原则,似乎与我国刑法中的一些基本原则相悖,而许多学者也认为我国刑法中并无严格责任的规定。本文通过对严格责任内涵的分析,对严格责任制度在我国刑法上的意义进行探讨。
As a system peculiar to Anglo-American criminal law, is there any room for application of strict liability in our country? Each scholar has different opinions and the principle of the unity of subjectivity and objectivity is the basic principle in criminal law of our country. The prosecution must prove that any crime should be based on this Principle, based on the requirements of the elements of the crime to prove that the defendant guilty. According to the provisions of the Code of Criminal Procedure, the burden of proving the guilt of the defendant is borne by the party conducting the prosecution. The defendant does not assume the responsibility of proving his own guilty or assuming his own innocence. While strict liability as a principle of attribution seems to contradict some basic principles of our criminal law, many scholars also believe that there is no strict liability in our criminal law. Through the analysis of the connotation of strict liability, this article discusses the significance of strict liability system in our criminal law.