Legal Liability, Applicable Law, Legal Sanction, Legal Sanction

Legal theories, read books by yourself.

<> "Legal liability refers to the adverse consequences borne by the actor arising from the violation of statutory or contractual obligations, or the improper exercise of legal rights and powers." Legal liability includes civil liability, criminal liability, administrative liability, and liability for unconstitutionality. Legal liability, as the adverse consequences borne by the offender to the state and society due to the illegal act, contains the possibility of legal sanctions, but it does not mean that the legal sanctions are delayed.

For example, China's criminal law stipulates that if the statutory maximum sentence is less than five years imprisonment, the perpetrator will no longer be held criminally responsible after five years, so the relationship between legal responsibility and legal punishment is not one-to-one.

Legal sanction is a compulsory punishment imposed by a specific state authority on the offender (or defaulter) in accordance with its legal responsibility. Including administrative sanctions, criminal sanctions, civil sanctions, and unconstitutional sanctions. In the exam, it is necessary to focus on the types of legal sanctions.

1) Administrative sanctions. 1. Types of administrative punishments: warnings; Penalty; confiscation of illegal gains and confiscation of illegal property; order the suspension of production and business; Suspension or revocation of permits, suspension or revocation of licenses; administrative detention; Other administrative punishments provided for by laws and administrative regulations.

2. Administrative sanctions: warnings, demerits, major demerits, demotion, dismissal, and dismissal. Civil servants must not be promoted or promoted during the period of sanctions; Those who receive administrative sanctions other than warnings shall not be allowed to raise their salaries; Those who receive the sanction of dismissal must not be rehired or hired by the administrative organs.

3) Civil sanctions. such as restitution of property; return of the original; removal of obstacles; damages; seizure of property and illegal gains from illegal activities; Penalty; payment of liquidated damages; order the removal of infringement, restoration of reputation, and compensation for damages; order a statement of repentance; Admonish; Ordered to suspend business, suspend production or relocate, etc.

4) Unconstitutional sanctions. The main forms of sanctions are: revoking or changing laws and decisions, administrative regulations, and local regulations that contradict the Constitution, and removing leading members of unconstitutional state organs. The organs that impose unconstitutional sanctions are the National People's Congress and its Standing Committee.

Answer] :(1) Paraphrasing.

Liability is a special obligation arising from a specific legal fact to compensate, enforce or punish the damage, that is, the secondary obligation arising from the breach of the primary obligation.

Punishment is a legal sanction, which is the way in which the state imposes sanctions on the person, property and spirit of the responsible subject by compulsory punishment. Punishment is the most severe way to achieve legal responsibility. Punishment is mainly carried out against the person, and the state uses coercive force to inflict physical and mental pain on the person who is responsible, restrict or deprive the property, and make the responsible subject subject under pressure, loss and moral reprimand, so as to play the role of revenge, prevention and correction, balance social relations, achieve the orderly development of society, and maintain social justice.

2) Contact. Legal sanctions are an important way to bear legal responsibility. Legal responsibility is the premise, and legal sanction is the result or embodiment.

The purpose of legal sanction is to compel the responsible entity to bear the first repentance of the negative law, punish the violator, and restore the infringed rights and legal order.

3) Distinction. Legal responsibility is not equal to legal sanctions, and legal responsibility is not the same as legal sanctions. Moreover, when the legal responsibility of the offender is compelled, the punishment may be reduced or heavier or increased in accordance with the law, depending on the specific circumstances of the violation, the degree of harm, and the subjective aspect, which shows that even in the case of legal sanctions, the way of bearing legal responsibility is both light and severe.

The main features of legal sanctions are:

1. It shall be implemented by the state in accordance with the law;

2. It is a punitive coercive measure;

3. It must be based on the premise of illegal acts and legal liabilities;

4. The state organs that impose legal sanctions must comply with strict procedures and prepare corresponding legal documents.

Legal sanctions refer to punitive or protective coercive measures imposed by specific state organs on the responsible entity in accordance with their legal responsibilities. Legal sanctions and legal responsibility are closely linked. Legal sanctions are an important way to bear legal responsibility, legal responsibility is the premise, and legal sanctions are the result or embodiment.

Article 2 of the Civil Procedure Law of the People's Republic of China The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties in exercising their procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, to hear civil cases in a timely manner, to confirm the relationship between civil rights and obligations, to sanction civil violations, to protect the lawful rights and interests of the parties, to educate citizens to consciously abide by the law, to maintain social and economic order, and to ensure the smooth progress of socialist construction. Article 3 of the "Civil Procedure Law of the People's Republic of China" The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Legal liability and legal sanctions are closely linked.

On the one hand, legal sanctions are an important way to bear legal responsibility. Legal responsibility is the premise, legal sanctions are the result or embodiment, and the purpose of legal sanctions is to compel the responsible subjects to bear negative legal consequences, punish violators, and restore the infringed rights and legal order.

On the other hand, there is a clear distinction between legal sanctions and legal liability. Legal responsibility is not the same as legal sanctions, and legal responsibility does not mean that there must be legal sanctions, and when pursuing the legal responsibility of the violators, depending on the specific circumstances of the violation, the degree of harm, and the subjective aspects, the sanctions may be reduced or heavier or aggravated in accordance with the law, which shows that even in the case of legal sanctions, the way of bearing legal responsibility is also light and heavy.

1. What are the specific categories of legal sanctions?

1) According to the different natures, legal sanctions can be divided into:

According to the nature of illegal acts and legal liabilities, legal sanctions can be divided into judicial sanctions (including civil sanctions and criminal sanctions) and administrative sanctions and unconstitutional sanctions.

1. Civil sanctions.

Civil sanctions are compulsory punitive measures determined and implemented by the people's courts, and given to civil offenders or other organizations and individuals who should bear responsibility in accordance with their civil liabilities.

2. Criminal sanctions.

Criminal sanction or criminal punishment is a punitive measure imposed by the people's court on the perpetrator of a crime according to the criminal responsibility he should bear.

3. Administrative sanctions.

Administrative sanctions refer to the compulsory punitive measures imposed by state administrative organs on administrative offenders. According to the degree of social harm of administrative violations and the methods of imposing sanctions, administrative sanctions can be divided into three types: administrative sanctions, administrative punishments, and re-education through labor.

4. Unconstitutional sanctions.

Unconstitutional sanctions are legal sanctions imposed on unconstitutional acts. The measures mainly include: revoking laws, administrative regulations, local regulations, and administrative rules that contradict the Constitution; Recall leading members of state organs. Unconstitutional sanctions are legal sanctions with the highest political authority.

b) According to the purpose and method, legal sanctions can be divided into:

According to the purpose and method of legal sanctions, they can be divided into sanctions for restoration of rights and punitive sanctions.

1. Restoration of rights-based sanctions.

The purpose of the reinstatement sanction is to protect legitimate rights and restore order to the society that has been violated.

2. Punitive sanctions.

Punitive sanctions are aimed at making the offender bear certain adverse consequences imposed on him by the law and depriving the offender of some rights, with the aim of achieving fairness and justice.

The main characteristics of legal sanctions are: 1. They are implemented by the state in accordance with the law; 2. It must be based on the premise of illegal acts and legal liabilities; 3. It is a punitive coercive measure; 4. The state organs that impose legal sanctions must abide by strict procedures and prepare corresponding legal documents. Legal sanctions refer to punitive or protective coercive measures imposed by specific state organs on the responsible subjects in accordance with their legal responsibilities.

Legal sanctions are closely linked to legal liability. Legal sanctions are an important way to bear legal responsibility, legal responsibility is the premise, and legal sanctions are the result or the embodiment of Qinna.

Article 2 of the Civil Procedure Law of the People's Republic of China The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties in exercising their procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, to hear civil cases in a timely manner, to confirm the relationship between civil rights and obligations, to sanction civil violations, to protect the lawful rights and interests of the parties, to educate citizens to consciously abide by the law, to maintain social and economic order, and to ensure the smooth progress of socialist construction. Article 3 of the "Civil Procedure Law of the People's Republic of China" provides that the provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Liability is a special obligation to compensate, enforce or accept punishment for damage arising from specific legal facts, that is, a secondary obligation arising from the breach of a primary obligation.

Legal responsibility includes civil liability, criminal liability and administrative liability, and legal sanctions only refer to criminal sanctions in a narrow sense, that is, to bear criminal responsibility.

"Legal liability" refers to some kind of adverse legal consequences that the actor should bear due to illegal acts, breach of contract, or legal provisions.

Legal sanctions refer to compulsory punitive measures imposed by specific state organs on offenders in accordance with their legal responsibilities.

Legal liability refers to the obligations and responsibilities that should be fulfilled under the law.

Legal sanctions refer to being disciplined by law.

Violations of the law inevitably lead to legal liability, including criminal violations, civil violations, administrative violations, and unconstitutional violations.

Legal sanctions include criminal, civil, administrative, and unconstitutional sanctions.

Responsibility is the technical term, bai for example you stole someone else a hundred du yuan, from the law.

From the perspective of zhi, you have to bear the legal responsibility of the DAO. Because stealing is an offense. But you won't go to jail for that.

Because your actions are not very harmful to others and society. There will be no legal sanctions. In short, the scope of responsibility is greater than sanctions, and some of the most influential acts in the responsibility will be punished by law.

1. Legal sanctions are an important way to bear legal responsibility. Legal responsibility is the premise, and legal sanction is the result or embodiment.

2. There is a clear difference between legal sanctions and legal liability. Legal responsibility does not mean legal sanctions, and legal responsibility does not mean that there must be legal sanctions.

Are you sure you didn't write the question wrong???

Legal liability refers to the adverse consequences that arise from the violation of legal or contractual obligations, or the improper exercise of legal rights and powers, and are borne by the actor. In terms of its nature, legal relations can be divided into legal utilitarian relations and legal moral relations, and in line with this, legal liability can also be divided into compensatory methods and sanction methods.

According to the nature of the illegal acts and legal responsibilities, legal sanctions can be divided into judicial sanctions (including civil sanctions, criminal sanctions) and administrative sanctions and unconstitutional sanctions.

Sanctions are violently enforced, and responsibility is passive.