| Const ructive liability is developed from the strict liability. Strict liability has experienced an evolutionary process from absolute liability to relative liability. The strict liability in modern sense is substantially the const ructive liability in accordance with the crime constitutional theory and the principle of a prescribed punishment for a specific crime. The provisions of our criminal law, implied in the legal context and the legislative purpose, are the basis of the existence of the const ructive liability. Const ructive liability applies to mainly the danger crime, the rape crime, the holding crime and the corruption crime. Const ructive liability includes mainly 2 systems as the inversion of the proof burden and the immunity reasons for anticipated incapability. It is essential to establish the const ructive liability of our criminal law in accordance with the requirement of criminal rule of law. |
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