法律责任的含义(The meaning of legal responsibility).doc
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法律责任的含义(The meaning of legal responsibility)
First, what is the meaning of legal responsibility? Answer
Answer: legal liability, that is, the perpetrator of illegal activities, breach of contract or due to legal provisions should bear some of the adverse legal consequences.
Two, what are the characteristics of legal responsibility? Answer
Answer: there are two characteristics of legal responsibility:
(1) the ultimate basis for legal liability is law;
(2) legal responsibility is mandatory.
Three, what is illegal? Answer
A broad sense of illegality refers to all violations of the law, including criminal acts and narrow violations. The illegal behavior of narrow sense, also known as the general tort, including civil tort and administrative tort refers to the crime of all illegal infringement of personal rights, property rights, political rights, moral rights or intellectual property rights.
Four, what are the elements of an illegal act? Answer
A: there are five elements of an illegal act:
First, violations are based on violations of the law;
Second, an illegal act must be a violation of the law;
Third, violation of law must be a violation of social relations protected by law in varying degrees;
Fourth, the offence must be intentional or negligent;
Fifth, offenders must have legal capacity or statutory capacity.
Five, what is the purpose of legal responsibility? Answer
Answer: the legal responsibility is to protect the legal rights and obligations, the power to effect, which is hindered in their legally protected interests are infringed, through appropriate relief, for violation of the responsible person to take responsibility, to eliminate violations and minimize the possibility of infringement in the future.
Six, how to understand the function of legal responsibility? Answer
Answer: the purpose of legal responsibility is achieved through its three functions, namely, punishment, relief and prevention.
(1) the function of punishment is to punish offenders and those who
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