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从结果责任到注重主客观相统一的责任主义,是人类社会法治进步的标志。英美刑法对于严格责任原则采用积极推行态度,近年来我国刑法,有少数学者倡导严格责任。我们认为对于严格责任,简单地予以肯定或否定都是片面的,由于这一问题,既关系到刑法本身控制范围的界定,又关系到对立法者、司法者及民众的刑法观念的导向,故笔者撰本文作引玉之砖。
It is the symbol of the progress of the rule of law in human society from the responsibility of the result to the responsibility of focusing on the unity of subjectivity and objectivity. The Anglo-American criminal law adopts an active and proactive attitude toward the principle of strict liability. In recent years, a few scholars advocate strict liability in our criminal law. We think it is one-sided to simply confirm or negate the strict liability. Because of this issue, it is not only related to the definition of the scope of control of criminal law itself, but also to the guidance of criminal law concepts of legislators, judicial officials and the public I author this article as a primer of the brick.