Administrative responsibility refers to the legal responsibility that an individual or unit should bear in violation of administrative laws and regulations. Administrative responsibility includes administrative punishment and administrative punishment. Administrative punishment is the disciplinary punishment given by the superior to the minor illegal acts that violate the discipline within the administrative organ or do not constitute a crime. Its types include: warning, demerit recording, serious demerit recording, demotion, demotion, dismissal, expulsion for probation and expulsion. The types of administrative punishment include: warning, fine, administrative detention, confiscation of illegal income, confiscation of illegal property, order to suspend production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, etc.
Criminal responsibility refers to the legal responsibility that an individual or unit that violates the provisions of the criminal law should bear. The types of criminal punishment include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, death penalty, deprivation of political rights, fines and confiscation of property. Supplementary punishment can be applied alone or in combination with the principal punishment.
Is the legal liability in financial laws and regulations divided into criminal liability and civil liability or criminal liability, administrative liability and civil liability? Financial and related personnel who seriously violate financial laws and regulations, such as corruption and misappropriation of public funds, can be investigated for criminal responsibility. At the same time, the stolen money should be recovered. If the violation of financial laws and regulations is not enough for criminal filing, the administrative organ authorized by law may impose administrative punishment. For example, the CBRC can punish financial institutions that violate financial laws and regulations. The external behavior of financial personnel represents the business behavior of the legal person, and the civil liability shall be borne by the legal person.
The difference between civil liability, legal liability, administrative liability and criminal liability, as far as possible, is that civil liability refers to the responsibility that should be borne in violation of civil law, such as: compensation for losses, payment of liquidated damages, payment of compensation for mental damage, cessation of infringement, removal of obstacles, elimination of danger, return of property, restitution, restoration of reputation, elimination of influence, apology and so on.
Administrative responsibility refers to the responsibility for violating administrative laws, such as warning, fine, administrative detention, confiscation of illegal income, confiscation of illegal property, order to suspend production or business, temporary suspension or revocation of license, etc.
Criminal responsibility refers to the responsibility that should be borne in violation of criminal law, such as public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, death penalty, etc.
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Policies and regulations: What's the difference between criminal responsibility, civil responsibility and administrative responsibility? China's legal responsibility system includes criminal responsibility, civil responsibility and administrative responsibility.
Criminal responsibility is the legal responsibility that should be borne in violation of criminal legal norms, including principal punishment and supplementary punishment. The principal punishments include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty, while the supplementary punishments include fines, deprivation of political rights and confiscation of property. China's criminal law has made comprehensive and detailed provisions on this.
Civil liability, that is, the legal liability that equal subjects should bear for violating civil legal norms, mainly includes: stopping the infringement; Remove obstacles; Eliminate danger; Return property; Restore to the original state; Repair, rework and replacement; Compensation for losses; Pay liquidated damages; Eliminate influence and restore reputation; Apologize and so on. The general principles of civil law provide for this.
In China's current legal system, administrative responsibility mainly includes two aspects, one is administrative punishment, and the other is administrative punishment. The legal basis of the administrative punishment system is the Interim Provisions on Rewards and Punishment for Staff of State Administrative Organs approved by the National People's Congress Standing Committee (NPCSC) 1957 and promulgated by the State Council. Then there is administrative punishment, which is stipulated in this law.
The Administrative Punishment Law stipulates that "citizens, legal persons or other organizations who are subject to administrative punishment for violating the law and their illegal acts cause damage to others shall bear civil liability according to law." What is emphasized here is that citizens, legal persons or other organizations shall bear civil liability if their illegal acts cause damage to other citizens or organizations, and civil liability is inevitable. For example, if an automobile driver violates traffic laws and regulations, causing traffic accidents and causing losses to others' lives or health, the driver should first bear civil liability for the victim's life or health. After assuming civil liability, the traffic administrative department shall investigate the administrative responsibility of the driver for violating traffic laws and regulations according to law, and impose administrative penalties, such as revoking the driver's driving license or imposing a fine. It would be wrong if the traffic administrative department only investigated the civil liability of the driver. Some comrades will ask whether civil liability should be mainly settled by the court and whether the administrative organ has the responsibility to adjust civil relations. Theoretically, the administrative organ may not be responsible for the adjustment of civil relations, and the civil liability between the parties should be decided by the court. However, there are exceptions. First, the law clearly stipulates that the administrative organ can make a ruling. For example, the Regulations on Administrative Penalties for Public Security stipulates that public security organs can award compensation for losses and bear medical expenses, and the Labor Law stipulates that the labor administrative department can order the employing unit to pay the wages of workers. Second, the parties are willing to accept mediation by administrative organs. This way is a relatively simple and timely way to deal with civil disputes, which has the characteristics of China, such as grassroots judicial mediation in China. If an administrative organ corrects an illegal act and finds that the illegal act has caused damage to others, it shall proceed from reality and make a civil liability ruling according to law. If there is no legal basis, with the consent of the parties, a ruling on civil liability may also be made voluntarily. If a party requests a court decision, it shall be made by the people's court. There is also a question of the order of legal responsibilities. If the violator is unable to bear the administrative penalty responsibility of the fine after assuming the civil liability for compensation, then this law does not stipulate which responsibility should be borne first between the civil liability and the administrative liability. Article 228 of the Company Law of People's Republic of China (PRC) stipulates: "If a company violates the provisions of this law and should bear civil liability for compensation and pay fines and penalties, it shall bear civil liability first when its property is insufficient to pay." According to this principle, between civil responsibility and administrative responsibility, civil responsibility should be undertaken first, and then administrative responsibility should be undertaken.
Administrative responsibility. Regarding the relationship between administrative responsibility and criminal responsibility, the Administrative Punishment Law stipulates that criminal punishment must be given if it should be given, and administrative punishment shall not replace criminal punishment. Those who have been given administrative punishment shall be offset by fines and fixed-term imprisonment. The purpose of this provision is to determine the relationship between administrative punishment and criminal punishment, that is, administrative punishment and criminal punishment should be separated, while civil liability should be linked to administrative punishment, and civil liability cannot be exempted because of administrative punishment; The second is to solve the problem of "substituting punishment for punishment" in current administrative punishment. The object of administrative punishment and criminal punishment is illegal behavior. If the illegal act is not serious enough for criminal punishment and should be given administrative punishment in accordance with the provisions of laws, regulations or rules, the administrative organ shall give administrative punishment. If an illegal act constitutes a crime, criminal responsibility shall be investigated according to law, and administrative punishment shall not replace criminal punishment. In China's legal system, criminal cases are under the unified jurisdiction of public, procuratorial and judicial organs. When handling a case of administrative punishment, an administrative organ considers that an illegal act has constituted a crime, and must transfer it to a judicial organ with jurisdiction over criminal cases for handling according to law. At present, in the practice of administrative punishment, some administrative law enforcement organs refuse to transfer criminal cases and impose fines for the benefit of their own departments; Some are due to the poor professional ability of administrative law enforcement personnel, unable to accurately judge crime and non-crime, and the problem of substituting punishment for punishment has emerged, making criminals at large. There are too many disadvantages of "substituting punishment for punishment", which is one of the manifestations of corruption in administrative organs and seriously affects social stability and the correct implementation of laws. We must correct and solve it in time and resolutely stop it.
The legal responsibility of accounting is only administrative responsibility and criminal responsibility! No civil liability? Accounting legal liability refers to the legal consequences that should be borne by violating accounting legal norms. It is the bottom line that the subject of accounting behavior must strictly abide by, and it is the unity of the internal relationship between legal system and moral norms.
Forms of accounting legal responsibility:
As far as accounting legal responsibility in China's legal system is concerned, its forms include administrative responsibility, criminal responsibility and civil responsibility.
(1) administrative responsibility. Administrative responsibility is the main form of accounting legal responsibility in China, including administrative punishment and administrative punishment.
(2) Criminal responsibility. Generally speaking, criminal responsibility, as the most deterrent form of sanctions, is only applicable to criminal acts that seriously endanger public safety and social order.
(3) Civil liability. With the development of socialist market economy, there are more and more accounting relationships between equal subjects. In the accounting relations of these equal subjects, because of the importance of accounting information in modern economic life, one party's behavior of providing information in violation of accounting regulations may cause huge economic losses to the other party, so it seems logical to ask it to bear the liability for compensation. Therefore, in China, with the diversification of the nature of accounting legal relationship, civil liability is becoming an important form of accounting legal liability.
What are legal responsibility, criminal responsibility and administrative responsibility? How to distinguish legal liability is a big concept, which includes criminal liability, civil liability and administrative liability.
Criminal responsibility, in short, is what kind of responsibility an act should bear if it violates the provisions of the criminal law (negative evaluation given by the state). To put it simply, according to the provisions of the criminal law, what kind of criminal punishment should be given to the actor, in layman's terms, is how many years of fixed-term imprisonment he is sentenced to. However, there is also the criminal responsibility of declaring a crime and not giving criminal punishment (that is, not sentencing).
Administrative responsibility is what kind of administrative punishment is given to those who violate the provisions of administrative law. For example, the tax bureau fined the actor for tax evasion 1000 yuan, and the punishment given by the tax bureau was that the actor assumed administrative responsibility.
Economic legal liability includes: civil liability, criminal liability, administrative liability and economic liability. Is this sentence correct? It is urgent.
What is the difference between military criminal responsibility and military administrative responsibility? Administrative responsibility refers to the legal responsibility that an individual or unit should bear in violation of administrative laws and regulations. Administrative responsibility includes administrative punishment and administrative punishment. Administrative punishment is the disciplinary punishment given by the superior to the minor illegal acts that violate the discipline within the administrative organ or do not constitute a crime. Its types include: warning, demerit recording, serious demerit recording, demotion, demotion, dismissal, expulsion for probation and expulsion. The types of administrative punishment include: warning, fine, administrative detention, confiscation of illegal income, confiscation of illegal property, order to suspend production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, etc. Criminal responsibility refers to the legal responsibility that an individual or unit that violates the provisions of the criminal law should bear. The types of criminal punishment include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, death penalty, deprivation of political rights, fines and confiscation of property. Supplementary punishment can be applied alone or in combination with the principal punishment. Criminal responsibility is more serious than administrative responsibility.
What is the legal age limit for civil liability, criminal liability and administrative liability? The age limits for civil liability, criminal liability and administrative liability are as follows:
Age of civil responsibility.
/kloc-citizens over the age of 0/8 are adults with full capacity for civil conduct, able to conduct civil activities independently, and are persons with full capacity for civil conduct. A citizen who has reached the age of 16 and is under the age of 18 and whose main source of livelihood is his own labor income is regarded as a person with full capacity for civil conduct.
Age of criminal responsibility.
A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
A person who has reached the age of 14 and is under the age of 16 commits the crimes of intentional homicide, intentional injury causing serious injury or death, * * *, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility.
If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in by * * *.
Administrative responsibility has no age requirement, only the subject requirement.
The actor has no legal responsibility, even if his behavior constitutes an administrative violation, he will not be investigated or bear administrative responsibility. There is no special requirement for the confirmation of the administrative subject's responsibility ability, as long as it is authorized by the state administrative organ or laws and regulations to have the qualification of administrative subject; For citizens among administrative counterparts, the determination of legal responsibility ability must be that they have reached legal age and normal intelligence, otherwise even if there are administrative violations, they cannot be investigated for administrative responsibility. For example, the Administrative Punishment Law of the People's Republic of China and the Regulations of the People's Republic of China on Administrative Penalties for Public Security. There are provisions on the civil responsibility ability of the administrative counterpart.
Judgment: The possible legal liabilities for copyright infringement include civil liability, administrative liability and criminal liability. Infringed version
Right, generally belongs to the civil tort, should bear civil legal responsibility. Many countries also stipulate serious copyright infringement.
Have criminal legal responsibility.