This article will explore the concept and principles of legal liability.This term refers to measures of state coercion to a person who has committed a wrongful act.In other words, it is the duty of a citizen to answer for the crime to the competent authorities, which represent the state.
Under the branches of law, as well as various types of offenses the legal responsibility is divided into:
- criminal;
- disciplinary;
- civil law;
- administrative.
Objectives and principles of legal liability may be different.Thanks to her, unable to maintain order in society, as in people's minds there is always the idea that for each offense would have to pay in full.The system operates reliably for many centuries, and is constantly being improved by eliminating errors that were previously.
principles of legal liability
Of course, this type of liability is based on certain principles, which can not be avoided, since they are the foundation of everything.The principles of legal liability - it is that through which you can not cross ever.
most important in this case is the principle of legality.The essence of it is that everything should be based on certain legal provisions, as a deviation from them at least a little bit unacceptable.Guided by this principle, we can say that the legal responsibility can not occur without an offense specified in the law at the current time;This responsibility may be subject only delictual person;to legal liability may involve only those agencies that are authorized to do so by law;punished severely restricted enforceable legal norms, and the implementation of the liability may be effected only in the procedural form, which is set by law.
The above principle is very closely linked to the principle of justice.The whole essence of this principle is that the act must be equal to the social consequences, and thus only the severity of the punishment depends on the wrongful act, which must be incurred by the perpetrator.In this case, we discussed in detail the nature of the damage caused as well as the degree of public danger.
The principles of legal liability includes the principle of humanity.It is based on the fact that in any situation in the first place should be universal values.These values include all kinds of freedom and individual rights.They are natural and, of course, recognized as the main social value.It has long been a ban on torture, harassment, interrogation, abuse, humiliation, human rights and much more.Today, it abolished the death penalty in most countries, but even in those countries where it exists to this day, this type of punishment may be exposed to persons whose crimes are particularly serious.Nowhere execute pregnant women and minors.
Legal liability is also based on the principle of the inadmissibility of analogy of law and analogy of law.It means that the decision which ruled competent authority must necessarily be substantiated by specific legal provisions.
expediency principle is that in some cases the wrongdoing person may recover damages, thus freeing themselves from legal liability.
It is worth mentioning, and the presumption of innocence.According to which no person may be convicted up to the moment until his guilt is proved in a special order, which is set by law.Principles of legal responsibility in some way connected with it.
