On The Concept Of Law Responsibility

Law responsibility which is a basic concept and category of law category system is a key element in the practice of law. A great many views would be drawn from different ways in the study of the concept of law responsibility. Generally speaking, there are two ways in understanding the law responsibility, which are internal analyzing and external comparing. In the internal analyzing, the concept of law responsibility is analyzed within the area of law; in the external comparing, the law responsibility is compared with other forms of responsibility. Second, the concept of law responsibility would be understood by comparing it with the moral responsibility and the political responsibility. The moral responsibility includes positive moral responsibility and negative moral responsibility , which are separately relevant to the law responsibility. The law responsibility and the positive responsibility have a general relationship as well as a relationship in ought and free will. We should give a definition to the responsibility before studying the relationship between law responsibility and political responsibility. Referring to the law responsibility and the political responsibility, there are many differences between them in the following aspects: the character of the responsibility, the domain which the responsibility generates, the main part: of the responsibility, the subjective state of the main part and so on. Referring to the relationship between the law responsibility and the political responsibility, both of them unify into democratic politics and can occur in the same case. At the same time, political responsibility should be run by the rule. The value of study on law responsibility have two respects, one respect that law responsibility is basic category of law system is necessary element in central category, the other respect that law responsibility is the ensure of implement the regulation of right and duty will be opened out by analyzing law rule texts.