What is the difference between pursuing legal liability and dealing with it in accordance with the l

Updated on society 2024-04-25
8 answers
  1. Anonymous users2024-02-08

    == Handled in accordance with the provisions of the law, including a wide range, such as confirming the invalidity of the contract, ordering the restoration of the original state, ordering compensation for losses, detention, fines, sentencing, dismissal from public office, probation in the party, confirmation of property ownership, dissolution of marriage, appointment of guardians, declaration of death, freezing of accounts, issuance of property rights certificates and other documents, administrative licensing, administrative confirmation, issuance of certificates, collection of fees, etc., generally handled by the government agencies and units in accordance with the provisions of the law, can be expressed in this way.

    The pursuit of legal responsibility is also part of "handling according to the law", but the scope is much smaller. From the perspective of living habits and legal specialization, it is generally limited to non-contractual liability, and is more manifested in punitive treatments, such as fines, detention, sentencing, dismissal from public office, probation, etc.

    Among the matters handled in accordance with the law, the matters of pursuing legal responsibility give the intuitive impression that they are strict and compulsory, and the basis for assuming responsibility is not agreement and obligation, but compulsory by law, that is to say, when there is a legal prohibition of sexual acts, it will involve the pursuit of responsibility.

  2. Anonymous users2024-02-07

    Pursuing legal responsibility means that the right to pursue accountability has not been waived. The coercive power of the state shall ensure its enforcement, and the organs authorized by the state shall pursue legal responsibility and impose legal sanctions in accordance with the law, and other organizations and individuals shall not have the right to exercise this power. Legal liabilities are divided into criminal legal liability, civil legal liability, administrative legal liability, economic legal liability, and constitutional legal liability.

    The subject of legal responsibility must be a natural person who has reached the legal age and has the capacity to be responsible, and a legal person established in accordance with law. Pursue early legal liability, specifically, to hold the party responsible for the breach of legal obligations in the corresponding legal relationship. Depending on the classification of legal liability, there will be different ways to pursue the law, such as public prosecution, arbitration or mediation, or conciliation.

    These are all ways to pursue legal accountability. The act now committed by the perpetrator does not mean that he has waived his right to continue to pursue criminal or civil liability against the expelled person. Legal liability has two meanings: broad and narrow.

    Criminal Law of the People's Republic of China: Article 14: Intentional crimes are intentional where one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility.

    Civil Code of the People's Republic of China" Article 176: Civil entities are to perform civil obligations and bear civil liability in accordance with the provisions of law or in accordance with the agreement of the parties.

    What are the characteristics of legal liability.

    Characteristics of legal liability:

    1. Legal liability first expresses remorse and vertical front indicates a liability relationship formed by the violation of legal obligations, including breach of contract, which is premised on the existence of legal obligations;

    2. Legal liability is also expressed as a way of responsibility, that is, to bear adverse consequences;

    3. Legal liability has internal logic, that is, there is a logical relationship between antecedents and consequences;

    4. The pursuit of legal responsibility is carried out by the coercive force of the state or is potentially guaranteed.

  3. Anonymous users2024-02-06

    First of all, you should understand what it means to "pursue".

    "Investigation" refers to the investigation of the root cause and the investigation of past facts or negligence.

    Pursuing legal responsibility refers to the legal responsibility of questioning and researching the perpetrators.

    Let's say you hit someone and you hit them to a minor or serious injury. At this point, the victim can file a lawsuit in court to hold you legally responsible.

    Hope mine can help you.

  4. Anonymous users2024-02-05

    Criminal liability has been violated, and the law of public security needs to be investigated.

    Prosecution is a sentence.

  5. Anonymous users2024-02-04

    Different responsibilities are pursued by different entities. Civil liability shall be pursued by the plaintiff; The administrative responsibility for dust and jujube shall be pursued by the administrative organs; Criminal responsibility shall be pursued by the judicial organs.

    Legal basis: Article 36 of the Criminal Law of the People's Republic of China provides that where the victim suffers economic losses as a result of a criminal act, the criminal shall be given criminal punishment in addition to criminal punishment in accordance with law, and shall be sentenced to compensation for economic losses according to the circumstances.

    Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate the property of the property that was sent to be demolished, they shall first bear civil liability for compensation to the victims.

  6. Anonymous users2024-02-03

    Legal analysis: The principle of attribution reflects the value orientation of legislators, is the guideline for responsibility legislation, and is also the basic norm for guiding the application of law. In general, the following legal principles must be followed by the imputation of liability:

    1. The legal principle of responsibility. Its implications include:

    1) After the occurrence of illegal acts, the responsibility of the offender shall be pursued in accordance with the nature, scope, degree, time limit, and method provided for in advance by law; As a negative legal consequence, it should be predetermined by legal norms.

    2) Exclusion of liability without legal basis, i.e., liability arbitrariness and "illegal punishment".

    3) In general, retroactivity that is harmful to the perpetrator should be excluded.

    2. The principle of causal connection. Its implications include:

    1) Before determining the perpetrator's responsibility for violating the law, the causal connection between the act and the harm or the result of the harm shall first be confirmed, which is an important factual basis for determining legal responsibility.

    2) Before determining the responsibility of the perpetrator for violating the law, the causal connection between subjective factors such as will, thought, and external behavior should be first confirmed, and sometimes this is also an important factor in distinguishing responsibility from non-responsibility.

    3) Before determining the perpetrator's responsibility for violating the law, a distinction should be made between whether the causal connection is inevitable or accidental, direct or indirect.

    3. The principle of proportionality of responsibility. Its implications include:

    1) The nature of the legal liability is commensurate with the nature of the violation.

    2) The severity and type of legal liability shall be commensurate with the harm or damage of the illegal act.

    3) The severity and type of legal responsibility should also be commensurate with the subjective malice of the perpetrator.

    4. The principle of self-responsibility. Its implications include:

    1) The offender shall be responsible for his or her own illegal acts;

    2) The person who has not violated the law cannot be held legally responsible, that is, the anti-hail tomato is connected to the plant or the strain is connected in disguise;

    3) It is necessary to ensure that the responsible person is prosecuted by law, and it is also necessary to ensure that those who are not responsible are not prosecuted by law, so as not to be in vain.

    2) Disclaimer. Exemption from liability means that the perpetrator has committed an illegal act and shall bear legal responsibility, but due to the special provisions of the law, he may be partially or completely exempted from legal responsibility, that is, he does not actually bear legal responsibility.

    Legal basis: Regulations of the People's Republic of China on Information Disclosure

    Article 7: All levels of people shall actively promote information disclosure efforts, gradually increasing the content of information disclosure.

    Article 8: All levels of people's ** shall strengthen the standardization, standardization, and informatization management of ** information resources, strengthen the establishment of ** information disclosure platforms, promote the integration of ** information disclosure platforms and government service platforms, and increase the level of handling ** information disclosure.

    Article 9: Citizens, legal persons, and other organizations have the right to supervise administrative organs' information disclosure efforts, and to submit criticisms and suggestions.

  7. Anonymous users2024-02-02

    Legal Analysis: 1. What is the meaning of pursuing legal responsibility?

    Reserved power to pursue legal responsibility" means: the right to pursue liability has not been waived. There are clear and specific provisions in the law; The enforcement of the State Chain Fighter shall be guaranteed by the coercive force, and the organs authorized by the State shall pursue legal responsibility and impose legal sanctions in accordance with the law, and other organizations and individuals shall not have the right to exercise this power.

    II. Ways to pursue legal liability in non-compete disputes.

    A non-compete agreement is an agreement that restricts an employee's employment during or after the performance of the labor contract, and is actually a kind of renewal of the performance of the labor contract. Therefore, disputes arising from non-compete restrictions should generally be regarded as labor contract disputes, and the promotion of auctions should be pre-arbitrated.

    However, if the employer sues the employee and the new employer on the grounds of unfair competition disputes, the unfair competition dispute can be directly accepted without pre-arbitration.

    In the event of a dispute arising from a confidentiality agreement, the employer may choose to pursue the employee's liability for breach of contract through labor arbitration or the employee's tort liability for infringement of trade secrets through litigation.

    Legal basis: Civil Code of the People's Republic of China

    Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

    Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

    Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, and eliminating dangers.

    Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

  8. Anonymous users2024-02-01

    Legal analysis: Legal liability can only be pursued by competent state organs in accordance with the law.

    Legal basis: Administrative Punishment Law of the People's Republic of China

    Article 1: This Law is formulated on the basis of the Constitution, so as to regulate the establishment and implementation of punishments for the rotation of administrative duties, to safeguard and supervise the effective implementation of administrative management by administrative organs, to preserve the public interest and social order, and to protect the lawful rights and interests of citizens, legal persons, or other organizations.

    Article 2: Administrative punishment refers to the conduct of the administrative first trust organ to punish citizens, legal persons, or other organizations that violate the order of administrative management by reducing rights and interests or increasing obligations.

    Article 3: This Law applies to the establishment and implementation of administrative punishments.

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