Through an analysis of this system , pays close attention how the principle of reliance influences the distribution of care obligation to limit or deny the actor's attention obligation, thus achieve the goal of getting rid of actor's liability for negligence , and change the criminal law theory。
We regard the investigating of corporate liability in "Public Hazard Cases Due to Nonfeasance", "Unlawful Act Cases" and "Intentional Crimes" in England and the USA as a clue, and give a historical review of corporate criminal liability in England and the United States.
As an effective means to ensure the captain's performance of duty, criminal liability is widely used abroad. It's inevitable for the captain to be accused of crime when his recklessness causes serious accidents at sea or he offenses his mandatory responsibilities seriously.
Chapter One deals with the basic theory on the captain's criminal liability. Chapter Two and Chapter Three address criminal liability caused by grave accidents at sea and offences of mandatory obligations in detail. The last chapter analyses the actuality of China's legislation and puts forward suggestions for modification.
However, in China, the enterprises breaking through the law are mainly penalized for the administrative liabilities, focusing less on the civil compensation liability on the environmental damage and criminal liabilities on the environmental crimes.
Nevertheless, a complete environmental liability system is composed by administrative punishment, civil compensation and criminal sanction, none of which is dispensable.
In this work, the liability of welded joints to HSC without removal of the carrying layer is investigated, which has considerably enhanced the information content of the results.
To unambiguously identify spilled oils and to link them to the known sources are extremely important in settling questions of environmental impact and legal liability.
Srict liability puts much emphasis on the transfer of burden of proof,that is ,the prosecutors only have to prove the criminal act and prove whether the accused is related to the act.The author thinks that strict liability is a product of efficiency sought after in the modern world but unfortunately its fairness is always being criticized.
The new criminal code, passed by the NPC in 14March 1997,changed the extents of offences for which minors between the age of 14-16(called the person of assuming relatively criminal liability age) are criminally responsible for from 5 offences stipulated in the old code 8 offences in the new code, that is, the offences of intentional killing. causign others' severe injury or deathe in the coures of intentional injury, rape, robbery, trafficking drugs, arson, explosion, putting in poison, After compar...
Most academic writings about law in China get confused about strict liability and absolute liability because they cannot grasp their meanings comprehensively and exactly. Based on some cases in Anglo\|American law systems, this article deals with the issue of distinctions between strict liability and absolute liability.