most severe form of social responsibility is the law.Its main goal - to ensure law and order, to restore social justice, protection of human rights.
legal liability.The concept
There are many interpretations.Beneath it is understood and gosprinuzhdeniya views expressed in the application of the sanctions laid down in the articles to the offender, and the duty of that person to suffer the adverse effects required by laws and regulations.
Signs:
- fixed state in the law;
- comes as a result of the offense;
- expressed in adverse consequences to the perpetrator;
- carried out in the procedural form;
- provided by the coercive power of the state.
grounds of legal liability:
- normative basis - the law should be legal norms establishing responsibility for the commission of certain acts;
- factual basis - the presence of the action (or inaction), which is illegal, which provided for the responsibility;
- procedural grounds - needs enforcement act specifying the general rules determining the type and level of responsibility.
Any legal liability based on certain principles .The most important of these are:
- Equity.The penalty applied to the offender must meet the gravity of the offense;unacceptable humiliation of human dignity;law, worsening the situation of the perpetrator, not retroactive;a person can not be prosecuted for the same crime twice.
- principle of legality.The punishment for acts imposed if they provided for the legal responsibility and is implemented in accordance with the procedural requirements;a person is entitled to protection.
- principle of expediency.Provides for the possibility of punishment if the way to achieve the objectives of legal liability;you must take into account the identity of the perpetrator and the gravity of the offense in the implementation of sanctions
- principle of inevitability.All violations should be identified and the perpetrators punished;accountability measures should be applied quickly and efficiently.
functions
Legal liability is aimed at achieving the following non-profit purposes:
- warning society about the blameworthiness of the wrongful act;
- retribution guilty for committing a misdemeanor;
- redress;
- prevent new offenses;
- re (corrections) offenders.
Legal responsibility and its species :
- criminal.This is the most severe, occurs only against criminals.It implements only the court, sentencing the guilty to punishment, the sanctions contained in the article providing for liability for acts which they have committed.
- Administration.Imposes officials.Comes for administrative offenses.Most fines apply.It can also be produced suspension of certain rights, confiscation and others.
- Civil.It arises as a result of breach of contract in connection with causing property damage.It is necessary to restore the violated rights, the possibility of recovery from the guilty penalty in the form of fines or penalties.
- Disciplinary.It imposes a higher official.It is used for the commission of a disciplinary offense.It may be implemented in the form of comments, reprimand, dismissal, and others.
- material.Responsibility of a material nature for causing workers organization in which they work, damage.