Курсовая теория на тему Strict liability

Содержание:

INTRODUCTION 3
1. The concept and main features of legal liability 4
2. Types of legal liability 6
2.1 Constitutional liability 6
2.2 Administrative liability 7
2.3 Criminal liability 8
2.4 Civil liability 12
2.5 Disciplinary liability 14
3. Grounds for legal liability for offenses 16
4. The issues of civil proceedings in foreign countries (on the example of the UK, the USA) 18
CONCLUSION 23
References 24

Введение:

Throughout his life very often, a person faces a moral choice: to do or not to do, to intervene or to stand aside. What he chooses depends largely on his level of consciousness and social development. Often a person takes the position of an outside observer. In order to evade responsibility, to avoid it, a person does not interfere in events, stays aside, hides behind the backs of others. To some extent, this is explained by the fact that, according to the law, a person may not interfere in certain situations, remaining within the limits of the inaccessibility of the legal liability of criminal punishment.
Nevertheless, the categories of moral and legal responsibility act as elements of social life. These are social and state norms, designed to direct in a certain way the behavior of an individual of a given society, and to subordinate his activity to social needs. The relevance of this work is to structure the rules governing the behavior of people, the actions of social groups, groups, organizations, which makes up social norms.
The purpose of this work is to consider legal strict liability in the system of Russian and foreign law.
Objectives of the study:
1. To consider the system of legal responsibility in different areas of law.
2. To study foreign experience in the issues of civil proceedings in foreign countries (on the example of the UK, the USA).
The subject of the research is legal responsibility in the system of Russian and foreign law.
The object of the study: the system of Russian and foreign law, on the example of the UK, USA.  

Заключение:

In terms of its content, legal responsibility is the form of applying state-coercive measures to a person and represents the undergoing of adverse consequences for the offender (negative consequences in the form of personal, property or organizational deprivation, restrictions on the exercise of subjective rights), which can be very different in depending on the gravity of the offense and should take as a response of the state and society to its actions, conforming to him due to his further behavior.
The state of offenses in the country at this time period causes the well-founded concern of the Russians, complicating the course of the democratic development of the state.
As for our country, there are numerous means to be used in the fight against various types of offenses: economic, socio-political, legal, and legal responsibility regulates all social relations.
The idea of all legislation is to ensure the protection of the social system, its political and economic system, property, personality, the rights and freedoms of citizens, and the whole law and order from criminal encroachments. It must also be emphasized that all this is regulated by legal liability.
In a period of rising crime, it is necessary to strengthen legal responsibility, because it serves as a measure of state coercion and carries an educational character with its ideas.
In the real world, the main task of civil procedure is not to establish objective truth at any price for society, but to establish judicial truth at an economically viable price for society; not in the search for impeccable civil justice, but in the search for a legally adequate civil justice

Фрагмент текста работы:

1. The concept and main features of legal liability

Legal liability is one of the forms of state coercion that ensures the legal system of the society. In fact, it is always a negative reaction of the state to a wrongful act. This reaction contains adverse consequences established by law for the offender.
Legal liability is established by law. In relation to legal entities, legal liability acquires a state-coercive nature. This is due to the fact that the state, enshrining the rule of law, defines legal responsibility regardless of the will and desire of offenders. State coercion in life manifests itself through various forms that are not related to legal liability. Thus, legal responsibility is distinguished not only by government coercion, but only by government coercion to enforce the law.
State coercion to enforce the law is expressed in the following types of law enforcement activities:
1. Firstly, in controlling the legally significant behavior of legal entities.
2. Secondly, in the activities of the competent authorities to investigate and establish the facts of offenses.
3. Thirdly, in application to offenders the sanctions provided by the law.
State coercion to enforce the law is also characterized by the fact that this activity itself is strictly regulated by law and has its own legal framework. [12; P. 72-75]
Legal responsibility is manifested in the process of state coercion, but it occurs only after the establishment of the fact of the offense, especially the presence of an offense in it. Thus, the corpus delicti is the actual basis of legal liability, and the rule of law is a legal basis, without which legal liability does not exist.
Definitely, the offense and legal liability are inseparable, since the offense always and immediately gives rise to legal liability.
The real content and measure of legal responsibility for an offender to commit an unlawful socially dangerous act is expressed in applying sanctions to him.
The main thing in the legal status of the offender is the duty to answer for his deed, arising from the commission of an offense, consisting in the adverse consequences of a personal or property character, determined by the sanction of the legal norm.
Sanction is the adverse consequences of the offense, specified in the relevant rule of law, which are applied to the offender by the competent authorities.
The application of a sanction in a legal state is at the same time connected with the public condemnation of the offender causing harm to public or personal interests. Not all sanctions are punitive (they restrict rights and impose obligations on the offender), but they all mean the use of state coercion through the performance of duties under coercion and contain consequences that are unfavorable to him.