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The so-called public management responsibility refers to the duties and responsibilities that public management entities must perform in the process of management. From the perspective of the basic elements of public management responsibility, that is, the subject of public management responsibility, the content of public management responsibility and the object of public management responsibility, both the nature and its basic connotation of public management responsibility are closely related to the historical process of the formation and development of this category.
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The topic of anti-pornography has always existed, what is subjective responsibility? Subjective responsibility is equivalent to the rich looking down on those who make a living by roadside stalls, believing that street stalls hinder their travel. What objective responsibility?
Objective responsibility is equivalent to the person who makes a living by setting up a roadside stall to think that he is just for a living, and he has not stolen or robbed. So you can't let your minor children take on the same responsibilities as their parents, right? So there are many things in this world that are not right or wrong, as long as we don't infringe on the interests of others, we are not qualified to joke, insult, ridicule others, are at the bottom of the society to survive hard, you may not live better than others, those who accompany the wine lady The salary is indeed high, but the salary of the escort lady is indeed high, but the salary of the people is there, people overdraft their own bodies, today you laugh at others, maybe tomorrow the phoenix becomes a pheasant is you, none of us want to commit crimes, no one wants to sell their bodies, but the root of sin is in the **?
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Objective responsibility is relative to subjective responsibility, if you do not have the subjective idea of committing a crime, but objectively violate the law, you must bear the corresponding objective responsibility, such as the crime of negligence causing death.
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First, the nature is different.
1. Nature of the burden of proof: the obligation of the parties to the civil litigation to present evidence in accordance with the law on the facts that must be confirmed in their claims.
2. Nature of the burden of proof: the legal obligation to provide evidence to prove the facts of the case in the litigation.
Second, the characteristics are different.
1. Characteristics of the burden of proof: According to the modern national civil procedure system, the burden of proof is shared by the parties according to the object of proof, and the principle of "who asserts shall bear the burden of proof" is implemented. However, from the point of view of substantive law, the burden of proof is closely related to the applicable elements of civil liability, and only the specific elements of civil liability are the content of the object of proof.
2. Characteristics of the burden of proof: the principle established by Roman law is who asserts and who proves. The parties cannot provide evidence, and the party with the burden of proof loses the case.
In modern criminal proceedings, the burden of proving the guilt of the defendant rests with the plaintiff, while the defendant does not. The burden of proof can only be borne if the defendant claims to have conclusive facts.
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In civil litigation, the burden of proof shall be on the parties to provide evidence and prove the facts asserted by them, and if the truth of the facts asserted by the parties cannot be determined based on the evidence of the whole case at the end of the litigation, the party shall bear the adverse consequences of the litigation. The burden of proof is also known as the burden of proof. So it's the same
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1. The burden of proof refers to the burden on the parties to provide evidence to prove their claims in litigation.
2. The burden of proof includes two meanings, namely, subjective responsibility and objective responsibility, the former refers to the responsibility of the parties to provide evidence to prove their claims, also known as behavioral responsibility; The latter means that if the truth or falsity of the facts of the case is unclear, the party who bears the burden of proof bears the legal consequences of losing the case, also known as the responsibility for results.
There are five differences: 1) The conditions of action are different. 2) different legal consequences, 3) different subjects, 4) different transferability, 5) different purposes.
o(oThank you.)
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The burden of proof means that the parties have the obligation to collect or provide evidence for their own claims, and have the responsibility to use the evidence to prove that the facts of the case are established or in favor of their own claims, otherwise they will bear the risk that their claims cannot be established.
In civil litigation, the burden of proof shall be on the parties to provide evidence and prove the facts asserted by them, and if the truth of the facts asserted by the parties cannot be determined based on the evidence of the whole case at the end of the litigation, the party shall bear the adverse consequences of the litigation. The burden of proof is also known as the burden of proof.
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Often when you can't tell what's right and what's wrong, friends are your guiding light, no matter what happens, as long as you have the responsibility to do it, you shouldn't run away, you should always come, you just need to try your best to do a good job on it, you don't know anything when you don't do it, but maybe you know that you are so good after you finish it, not so vulnerable.
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The theory of subjective and objective fault emphasizes the illegality of the tortious act and the causal relationship between the act and the result, and as long as the result of the infringement is caused by the act, it can be determined that there is fault. The doctrine of subjective fault emphasizes that the perpetrator's infringement must have subjective intent or negligence, and that fault is not considered to exist if there is no intent or negligence. Therefore, the impact of these two theories on the constitutive elements of general tort liability lies in the fact that one claim is illegal and the other is subjectively faulty.
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