Defining Study On The Concept Of Law Responsibility

Legal responsibility is the basic concept of jurisprudence, which is also one of the basic subjects in legal research. Legal responsibility is indispensable to Right and Duty, which is the very core of the concept of jurisprudence. And it contributes to the normativity for entitling rights and undertaking duties. There are two methods for legal responsibility to ensure the realization of rights and duties: one is to compel obligors to fulfill obligations on their own initiative by legislation; the other is to compel them to perform when they do not fulfill obligations. This kind of ensuring is expressed in lots of legal regulations as well as in logic analysis. Moreover, legal responsibility is one of the basic concepts in legal system. Firstly, it is a concept that appears frequently in legal system. Secondly, it is a basic concept of legal system. The definition of legal obligation and legal responsibility is ambiguous in today's law, which results from the ambiguity of responsibility in ordinary language. Lawmakers didn't make out all meanings of responsibility, which results to many problems in understanding and practice. In the study of legal responsibility, the view of normative jurisprudence is particularly important, which studies basic concepts of law seriously. And normative jurisprudence provides a pure method for law study, which is called normative analysis method. Normative analysis is not simple conceptual analysis, logic analysis and language analysis, but rather is the unification of many methods. As a legal research method, normative analysis method is established in comparing concepts and potential efficacy of law, and then finds the reason why law could regular actions of people, and consequently works at the general mechanism for the existence of law.Generally speaking, in order to researching legal responsibility, we can begin with connotation and extension. Studying of connotation is to analyze the concept of legal responsibility. It is useful for us to discuss responsibility in Chinese and English tongue. And critiques on lots of meanings of legal responsibility are also useful to define the concept. Responsibility predicates certain obligations and duties, expressing behavior that should do or should not do. It make out that behavior of someone is to be blamed o negativity evaluated, or someone's behavior is a fault. Responsibility represents certain consequence or punishment. There must be causal connection between the obligations of someone and its condemned actions, which is called causation relation. In English vocabulary, there are many words express "responsibilities", such as liability, responsibility, obligation and duty, which exist in different contexts. And there are different views for the definition of legal responsibility, which results from the ambiguity of the concept. Such as obligation theory, consequences theory, punishment theory, state theory, and responsibility theory. There are relationships and differences between legal responsibility and obligation. The relationships are mainly for three aspects: first, legal obligation is a part of legal responsibility, and there would not be legal obligation without legal obligation. Second, there is corresponding causation relation between legal obligations and legal responsibility, which is to say that legal obligation is the reason of legal responsibility, and legal responsibility is the results of the violating of legal obligations. Third, there are overlapping domains between legal obligations and legal responsibility, which is to say legal responsibility is the secondary legal obligation, and is some latent legal obligation. There are also differences: firstly, legal obligation is applicable to all behaviors in practice, which means all behavior has legal obligation. Secondly, legal obligation is performed by the very behavior, while the realization of legal responsibility needs judicial authorities and legal proceedings. Thirdly, they are in succession, because legal responsibilities come from legal obligations. Fourthly, legal obligation may not be associated with adverse consequences, while legal responsibility indicates certain adverse consequences.Extension of legal responsibility is compared with other forms of responsibility. The concept of legal responsibility are comparative with political responsibility and moral responsibility. There are enormous differences between legal responsibility and political responsibility, and the difference is mainly manifested in the following several aspects: firstly, in the scope of influence of responsibility, legal responsibility influences in politics, economy, culture and social fields, but the political responsibility is mainly influenced in the political field, secondly, in the latitude of responsibility, legal responsibility is mainly a negative sense of responsibility, but the political responsibility is mainly a negative and positive significance of complex combination of responsibility. Thirdly, in the perspective of legitimacy of responsibility, the legal responsibility is implemented lawfully, but the political responsibility shall be prosecuted according to the law. Fourthly, The subject is different between legal responsibility and political responsibility. Fifthly, the subject of legal responsibility is a certain cognitive ability of people and organizations, but the subject of political responsibility is only related to political officials and the political organs. The relationship of Legal responsibility and moral responsibility is mainly embodied in the following factors: the legal responsibility and moral responsibility in the relationship of free will, Legal responsibility and moral responsibility in the causal relationship, Legal responsibility and moral responsibility in "should" of elements, Legal responsibility and moral responsibility in the nature of the relationship.The rationality of legal responsibility mainly involved in the problem of setting the legal responsibility, namely how to set legal responsibility in different parties, state, individual fairs and reasonable distribution of the legal responsibility, how to grasp the legal responsibility. From different angles we can identify the rationality of different legal responsibility, this paper mainly from the two aspects of subjective and objective talking about the rationality of the legal responsibility. The rationality of subjective legal liability refers to legal and contains many of the guarantee for the legal value goal of rationality. Law requires both justice, nor missing value. Both laws will lead to a lack of normal operation. Whether justice or values are subject to laws, legal responsibility a demand of subjective value is based on the subject of demand. The objectively rationality of legal responsibility mainly refers to legal responsibility which adjust to select the rationality of the subjective legal responsibility. The relative rationality of legal responsibility objectively and subjectively is mainly embodied in a kind of means and tools, namely, through the objective technical means to reach the setting rationality of legal responsibility. To formulate specific legal responsibility is reflected in the legal responsibility for the principle of accountability. Through the different imputation setting, realize the legal responsibility of justice and benefit of value. To test the legal responsibility of developing history, we can find the principle rules of legal liability, which are mainly embodied in three aspects: the result liability principle, the principle of fault liability and strict liability principle.