认识法律责任应当性内涵的四个维度

The Four Dimensions of Understanding “Ought” as the Essence of Legal Responsibility

法律责任概念的中心称谓集中体现了法律责任的本质内涵。"应当性说"将法律责任定义因行为人的违反法律义务的行为和意愿是导致他人损害的原因所引起的、社会公认的、行为人承担不利后果的应当性。该说将法律责任的本质内涵界定为应当性,契合了法本质的契约论观念,符合法律规则逻辑结构的要求,并与法律责任的理论基础保持了内在一致性,有助于法律责任的实现。

The central appellation of the concept of legal liability embodies the essence of legal responsibility. The definition "Ought" of legal liability is due to the behavior and willingness of the perpetrator to violate the legal obligation, which is caused by the cause of the injury of others, socially recognized, and the perpetrator bears adverse consequences. This theory defines the essential connotation of legal responsibility as ought, which conforms to the concept of contract theory of legal nature, conforms to the requirements of the logical structure of legal rules, and maintains the internal consistency with the theoretical basis of legal responsibility, which is conducive to the realization of legal responsibility.