25010205 strict liability.doc

A Study to the Strict Liability in Criminal Law 姓名：侯甜 班级：250102 学号Abstract：Where the crime is one of social concern then the presumption of?mens rea?may be rebutted. In these cases, the criminal responsibilities defendants assumed without the malice is called strict liability. Allowing strict liability in criminal law is necessary and useful. Key words: strict liability social concern small penalty The general consensus has long been that criminal responsibility can only be imposed on those who commit the actus reus?of a crime with the relevant?mens rea. However, this is not always the case.In this paper, I will try my best to introduce the strict liability, which is one of the no-mens rea required responsibility ascertainment principles,from the flowing four parts:what is strict liability,why the criminal law needs strict liability,what should we pay more attention to when have to decide whether a crime is strict liability offence or not,and the general strict liability crimes. NO.1 What is strict liability? In todays?criminal law?system, people are usually only punished when they have the requisite mens rea which is Latin for guilty mind. In other words, we dont punish those that we dont see as morally blame worthy. If you intentionally break the law, you are seen as having a guilty mind. But, there are a handful of crimes that dont require a mens rea. These crimes are called strict liability crimes. Definition Strict liability is a special liability which holds the defendant liable for the criminal offenses committed, even though he or she did not intend any harm by his actions or was completely unaware that he was committing an illegal act. In another word, strict liability makes some persons responsible for damage their actions or products case,regardless of any fault on their part and means in these offenses the defendant will be held liable even if the mens rea is absent. Absolute liability appears to exist where the defendant can