Reconstruction Of The Elements Of Legal Liabilities From The Theory Of Anticipated Possibility

My country’s jurisprudence circles have two basic opinions on the composition of legal liability.One is to replace the legal liability with the illegal act,and the second is to set the legal liability from the legal liability itself.The general consensus in jurisprudence textbooks from the perspective of illegal behavior constitutes a substitute for legal liability constitutes: the root cause of the actor’s legal liability is the illegal act.They believe that only the identification of the constitutional elements of the illegal act is sufficient to determine whether the actor needs to bear the specifics.Legal responsibility and the degree of legal responsibility.Therefore,in this proposition,the issue of the constitution of the illegal act replaces the issue of the constitution of the elements of legal liability.Different from the previous point of view,from the study of legal liability itself,the constitution of legal liability recognizes that the constitution of legal liability has its own particularity.Illegal behavior is only an element of the establishment of legal liability,and the constitution of legal liability cannot be replaced by the constitution of illegal behavior.My country’s jurisprudence community presupposes that the law is formulated or recognized by the state,and the general theory of the legal liability constitution in my country’s jurisprudence community,whether it is the five elements or the four elements,is based on this.When determining legal responsibility,if you only understand the law as a state-made law,it will undoubtedly limit the scope of the adjudication reason,which is not conducive to the realization of social fairness and justice and the stability of social order.Therefore,it is necessary to appropriately expand the ontological connotation of the law.In addition,a reasonable system requires openness,logic,completeness,selectivity,and consistency.The most important thing is that there should be a core principle as the foundation of the entire system.Looking at the domestic legal theory on the theory of legal liability constitution,whether it replaces the liability constitution with illegal acts,or sets the constitutional elements from the legal liability itself,they all fail to meet the systemic requirements.Therefore,the composition of legal liability should be divided into appropriateness,illegality,and responsibility from the perspective of the integration of objective,subjective,and subjective and objective in the three dimensions of fact,evaluation,and subject.The specific content of the liability constitution system is as follows: the appropriateness focuses on the perspective of legal facts,which specifically includes the three elements of legal acts,the harmful results caused by the legal acts,and the incident;the illegality focuses on the denial of the above-mentioned legal facts by the law Responsibility evaluation;Responsibility emphasizes the key role of the responsible subject,which specifically includes responsibility capacity,responsibility conditions,and expected possibilities.Among them,the expectation of possibility is the core element of forming the entire responsibility system.Finally,it analyzes the commensurability and particularity between the legal responsibility composition system based on the role expectation theory and the department responsibility composition.