This article will examine the concept and principles of legal liability. This term refers to measures of state coercion against a person who has committed an illegal act. In other words, it is the citizen's responsibility to answer for the crime committed before the competent authorities that represent the state.
In accordance with the branches of law, as well as with various types of offenses, legal liability is divided into:
- criminal;
- disciplinary;
- civil law;
- administrative.
The goals and principles of legal liability may be different. Thanks to her, it is possible to maintain order in society, since in the minds of people there is always the idea that for every misconduct will have to pay in full. The system has been working smoothly for many centuries, constantly improving and eliminating errors that were previously.
Principles of Legal Responsibility
Of course, this type of responsibility is based on certain principles that cannot be avoided, since they are the basis of everything. The principles of legal liability - this is something that can never be crossed.
The most important in this case will be the principle of legality. Its essence is that everything should be based on certain legal requirements, since deviation from them is at least a little unacceptable. Guided by this principle, we can say that legal liability can not occur without an offense, which is specified in the law at the current time; only tortable persons may be subject to this liability; only those bodies that are authorized by law can be held legally liable; the punishment is strictly limited by the sanction of a legal norm, and the realization of this responsibility can be carried out only in the procedural form that is established by law.
The principle described above is very closely related to the principle of justice. The whole essence of this principle lies in the fact that the act must be equal to the social consequence, which means that the punishment that the person who committed it must depend only on the severity of the wrongful act. In this case, the nature of the harm caused, as well as the degree of public danger, is examined in detail.
The principles of legal responsibility include the principle of humanism. It is based on the fact that in any situation in the first place should be universal values. Such values include all kinds of freedoms and individual rights. They are natural in nature and, of course, recognized as the main social value. A ban on torture, bullying, interrogation with addiction, ill-treatment, humiliation, and much more has long been introduced. Today, the death penalty has been abolished in most countries of the world, but even in those countries where it continues to this day, this type of punishment can be imposed on persons whose crimes are especially serious. Nowhere are pregnant and minors executed.
Legal liability is also based on the principle of inadmissibility of the analogy of law and the analogy of law. It means that the decision made by the authorized body must be justified by specific legal norms.
The principle of expediency lies in the fact that in some cases the person who committed the unlawful act can compensate for the damage caused, thereby relieving himself of legal liability.
It is worth mentioning the presumption of innocence. According to which, no person can be found guilty until that moment until his guilt is proved in a special order, which is established by law. The principles of legal liability are somehow related to this.