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Illegal acts refer to acts that violate the current laws and regulations of the state and endanger the social relations protected by the law. According to the severity of the circumstances, it is divided into ordinary violations and serious violations (i.e., criminal acts). According to the laws it violates, it can be divided into administrative violations, civil violations, criminal violations and unconstitutional acts.
Breaking the law refers to the behavior that violates the existing laws and causes some harm to the society. Violations are classified according to the severity of the offense into ordinary offenses and serious offenses (i.e., criminal acts). According to the laws it violates, it can be divided into administrative violations, civil offenses and criminal offenses.
The concept of illegality is divided into broad and narrow senses. Violations in the broad sense refer to all violations of the provisions of the law in force, including general violations and crimes. In the narrow sense, a violation of the law refers to an act that seriously violates the law but does not constitute a crime.
We are here to discuss the violation of the law in a broad sense.
The connection between breaking the law and committing a crime is that a crime must be illegal, and breaking the law is not necessarily a crime. The difference is that the degree of social harm of the crime is more serious than that of the illegal act, and most of the criminal acts are subject to criminal liability, and the illegal acts bear administrative responsibility or civil liability.
There is a distinction between violations and some other acts. First of all, illegal behavior is different from ethical behavior. Many violations of the law are criminal acts and at the same time violations of morality.
However, not all violations are unethical. Similarly, there are some ethical violations that do not constitute illegal acts. Second, an illegal act is not the same as an act that is legally invalid.
Of course, the illegal act cannot occur and the effective result that the perpetrator hoped for at the time of committing the illegal act and affirmed by the law. However, it cannot be considered that all legally invalid acts are illegal. Some legally invalid acts, although they have no legal effect, do not constitute a violation of the law.
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A violation of the law is an act that violates the law.
The violation of the law is characterized by the violation of the laws of our country. As long as it violates any of the laws and regulations of our country, it is an illegal act.
The connection and difference between criminal behavior and illegal behavior is that criminal behavior is a type of illegal behavior, and crime is necessarily illegal, but breaking the law is not necessarily a crime.
The so-called violation refers to the behavior that violates local regulations, autonomous regulations, and special regulations.
The so-called violation of rules refers to the violation of administrative rules (including departmental rules and local regulations).
The connection and difference between violations and violations lies in the different objects of the rules they violate, the violations violate local regulations, and the violations violate administrative regulations.
It should be noted that the scope of the law violated by the illegal acts is relatively extensive, including the administrative regulations promulgated by the Supreme People's Court and the judicial interpretations promulgated by the Supreme People's Court and the Supreme People's Court in addition to the Constitution and laws.
In judicial practice, when hearing cases, courts also list administrative regulations and judicial interpretations as the legal basis for adjudication, just like the Constitution and laws.
When administrative regulations and judicial interpretations are cited in the main text of the judgment, they are used in the same way as the Constitution and laws"Follow"Such a statement.
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Violation of law refers to the behavior of state organs, enterprises, institutions, social groups or citizens who violate the provisions of the law and cause the destruction of social relations and social order protected by the law, and shall bear legal responsibility in accordance with the law.
The conditions for constituting a violation are:
1) It must be an act that people violate the law;
2) must be an act that violates the social relations protected by the law to varying degrees;
3) must be intentional or negligent on the part of the perpetrator;
4) The subject must have the legal responsibility capacity and the capacity to act.
1.Meaning: Illegality, also known as illegal acts, refers to the conduct of a subject with statutory responsibility that violates the law due to subjective fault and has a certain degree of social harm, and should be investigated in accordance with the current law.
2.Types: Classified according to the nature of the law violated by the violation, it can be divided into: unconstitutional acts; criminal offences; civil offenses; economic violations; Administrative offenses.
3.Constituent Elements:
a.The violation must be an act that violates the laws and regulations in force and should be prosecuted in accordance with the law;
b.Violations must be acts that infringe on the social relations protected by the law to varying degrees and cause certain social harm;
c.The violation must be an act in which the actor is subjectively at fault;
d.The violation must be an act carried out by a subject with legal capacity for responsibility.
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The illegal act is: the citizen violates the laws and regulations of the country and is punished!
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Legal Analysis: Illegal acts are also known as invalid acts. One of the illegal acts. Acts that violate laws and regulations.
It differs from an objectively unlawful act in that the perpetrator is subjectively at fault in committing the act, thus violating the social relations protected by the law. Subjective fault refers to two subjective states: intentional or negligent.
According to the nature of the violation, the illegal acts can be divided into criminal violations, civil violations, economic violations, administrative violations, etc.; According to the degree of violation to society, illegal acts can be divided into ordinary illegal acts and serious illegal acts (crimes).
Legal basis: Article 3 of the Criminal Law of the People's Republic of China: Where the law expressly provides that it is a criminal act, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
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Administrative violations are divided into broad and narrow senses, and administrative violations in the narrow sense only refer to the violations of administrative subjects, and administrative violations in the broad sense also include violations by administrative counterparts. We take a narrow approach. Accordingly, an administrative violation refers to an act in which an administrative entity violates the norms of administrative law but has not yet constituted a crime and is subject to administrative responsibility in accordance with the law.
This concept reflects three main characteristics of administrative offenses:
1. An administrative offense is an offense committed by an administrative subject. Unlike civil and criminal offenses, administrative offenses are administrative offenses committed by administrative subjects in administrative law. Any organization or individual can only constitute an administrative offense if they appear as an administrative subject or in the name of an administrative subject.
2. An administrative offense is an act that violates the norms of administrative law and has not yet constituted a crime. First of all, administrative violations are illegal, they violate administrative laws and regulations, infringe on administrative relations protected by administrative law, and thus have a certain degree of social harm; Second, administrative violations are ordinary violations in nature, and their harm to society is relatively small, and they have not yet reached the level of crimes.
3. An administrative offense is an act that must bear administrative responsibility in accordance with the law. An administrative violation is an act that violates the norms of administrative law and shall bear administrative responsibility in accordance with the provisions of the law.
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Legal Analysis: Illegal acts are also known as invalid acts. One of the illegal acts. Acts of Changxin that violate the laws and regulations.
The difference from objectively illegal acts is that the perpetrator is subjectively at fault when committing the act, thus violating the social relations protected by the law. Subjective fault refers to two subjective states: intentional or negligent.
According to the nature of the violation, the illegal acts can be divided into criminal violations, civil violations, economic violations, administrative violations, etc.; According to the degree of violation to society, illegal acts can be divided into ordinary illegal acts and serious illegal acts (crimes).
Legal basis: Article 3 of the Criminal Law of the People's Republic of China: Where the law expressly provides that it is a criminal act, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
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