英语翻译美国侵权法中的严格责任源自英国,现已成为大陆法学者时常使用的概念.并已融入欧洲国家侵权法归责原则体系中.近年来,

　　American tort law of strict liability from the United Kingdom, has now become the mainland legal scholars often use the concept. European countries have been integrated into the principles of tort law system of Liability. In recent years, the scope of strict liability for the widening trend. Strict liability is based on the absolute obligation of security breach, although when it is done to the most careful of people's attention, but any damage caused by their actions and take responsibility. Defense against strict liability is very limited, reasonable care not among them. Strict liability for abnormally dangerous most frequent activity or product liability cases.
　　The essential characteristics of strict liability
　　(A) the fault of the non-strict liability
　　Strict liability is undoubtedly the responsibility of following the fault which occurred after a new milestone. It is the advent of the fault is to determine the factors responsible is no longer the ultimate basis for liability, which is conducive to protecting the innocent victims and vulnerable groups.
　　(B) the risk of strict liability
　　Looking at national tort law, strict liability and risk are inevitably linked. German civil law countries, said strict liability for hazardous duty. Some scholars would risk liability and strict liability common law equivalent. Similarly in France the use of a dangerous activity as the basis of strict liability. [20] but in fact Anglo-American tort law, strict liability apply to animals in addition to causing the infringement, workers compensation, product liability, the most unusual is for harm caused by hazardous activities.
　　(C) Strict Liability of
　　Offenders in their fault liability for damage arising in, the reason is because the liability of the perpetrator can be a moral disapproval of. However, the perpetrator of strict liability without fault, will still be liable, the attribution of the basis for intriguing. The western half of the 20th century's most influential jurists of Pond from the maintenance of social security obligations generally off, demonstrates the rationality of strict liability. He believes that since the late 19th century, the legal interests of the community rather than focus on the protection of personal interests.
　　(D) strict liability causality
　　Responsibility for the fault is the fault element of the final decision is to determine whether the establishment of the key fault liability. In the composition of the elements of strict liability, regardless of whether the offender's fault. Therefore, the causal relationship has more significance, it is the ultimate constituent elements of strict liability element. Strict liability in the causation and damage are only two elements, namely, proof of causation by the plaintiff as long as the damage to these two factors and can get relief.
　　(E) of strict liability Juzhengdaozhi
　　Strict liability is based on the absolute security breach of its obligations, regardless of whether the defendant to do the duty of care to the most cautious, as long as it should be responsible for the damage occurred, if the defendant can not be reasonable to defense (and defense is very limited), you can not remove responsibility, that is part of the plaintiff's burden of proof shifted to the defendant, the plaintiff only to prove causation and damage had been sufficient.
　　(F) defense of strict liability in the Restrictive
　　1, the third behavior, animal behavior and the forces of nature cause damage can not be the defenses.
　　2, the victim can not be the fault of defense.
　　3, the victims of people, things and animals, abnormal sensitivity can be used as defense.
　　4, the performance of public duties as defense.
　　Comment on the strict liability
　　(A) availability: American tort law is rooted in the philosophy of pragmatism in the soil, advocating people-centered, knowledge and human experience claims can not be separated, emphasizing the unity of theory and practice. On this basis, the case law system is the empirical wisdom of judges and logical reasoning with the product. The strict liability from the case law through evolution, widening the scope of its application, this fact itself proves the rule dynamic and practical.
　　(B) Transcendence: whether scholars have the responsibility of strict liability is equivalent to what different opinions, but no doubt that it goes beyond the French law "presumption of fault liability" and the German law, "dangerous duty," and broke through to abstract known for speculative and logically coherent system of civil law tort theory of barriers to a unified system to a dual responsibility principle or the principle of diversity attributable to system development, and thus the world had a profound influence legislation.
　　(C) justice: perpetrators and victims of strict liability emphasized to achieve a balance of interests, reflecting the protection of the weak instead of the new concept of equal protection, and to achieve substantial justice. This is in the field of product liability and workers compensation in particular stands out.
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