at whatever stage of development, the high was no society were an integral part of and will be criminal offenses and civil wrongs, examples of which can be seen in a sufficient amount to date.Because of the complex structure of the human psyche such crimes virtually impossible to eradicate.However, to prevent and suppress, as well as reduce the possibility of damage caused by these actions of the society, the state and civilians is quite real.
Unfortunately, every year the number of offenses is increasing.There are new tort, examples of which are becoming more sophisticated forms.Reducing their number is of paramount importance for the employees of the legal system.Therefore, the main method of combating defiance of the law is able to convey to the masses about the inevitability of punishment and socially dangerous consequences for society.
Torts: Examples, concept, signs
definition of this concept in the legislative framework is not found, but it is clearly stated theory of law.Tort is a wrongful, guilty action delictual person inflicting harm to society by their actions, resulting in becoming legal responsibility.
This concept can be expressed in a more simplified form.Tort is a behavioral act, which is able to cause harm to others, and therefore belongs to the very dangerous and undesirable forms of interaction.This is a challenge to society and its values, interests and encroachment on the personal needs of citizens and public order.
concept and structure of tort has the following main features:
- Public danger (harm).
- Illegality.
- guilty.
- Reality (acts).
- punishable.
consider each feature in detail.
Public danger
Harm has a mandatory feature of every offense.It can be expressed in the aggregate negative consequences of violating the law of civil law.Its definition depends on the type of infringement of the interests, the object of the offense and the subjective rights.
Considering torts (examples), damage to property nature can bear (destruction or damage to property, theft, tax evasion, etc.) And non-pecuniary (insult, slander, assault, etc.).Symptoms may be recoverable or unrecoverable, measurable or not measurable, and have a more or less significant importance for individuals, groups and society as a whole.Therefore, the definition and classification of the offense in the first place need to set the size of the damage caused by the offense.
wrongfulness
Another aspect of the offense is illegal.It can be expressed both in violation of legal acts, and in default of the obligations set out at the signing of the various agreements.
Note that can not be held legally responsible person for an act prejudicial to the public if it is an illegal act is not enshrined in legislation.Thus, the use of "loopholes" in the tax law can not be promoted by the state, but also to admit such actions offenses is not possible.
guilt
offenders who commit unlawful act, always has the possibility of conscious not to make the action.Guilt of a person is determined based on the choices that inadvertently or deliberately, he did, ignoring the demands of society and the state.
Currently bezvinovnaya and collective responsibility are excluded from the legal system, and its main principle is the presumption of innocence.This means that as long as the criminal activities of the suspect is proven legally, he is not guilty of committing a wrongful act.
Reality and punishable
Reality offense can be expressed in the following phrase: "for ideas are not judged," which implies the absence of legal liability for the intentions, feelings, and beliefs, as well as the presence of certain personality traits: religion, nationality, social status, etc.It manifests itself only after the fact of the act.
addition to declaring the ban, the law also provides for the mandatory punishment for a civil offense.Examples: liability may follow in the form of imposing any additional hardships, burdens, hardships or personal property.To prosecute the offender and the punishment can not be carried out if his acts are not subject to the measures of state influence.
Thus, all of the above elements of an offense provide a clear description of the actions of the offender.This allows not only to make legitimate punishment, but also to prevent a crime in certain situations.
