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法律责任是行为人由于违约行为或者由于法律规定而应当承受的某种不利的法律后果。法律规定的法律责任,不仅包括法律规范中所明确应当承担的后果,还包含法律规范明确的违反约定时应当承担的约定的不利后果。各实体法都对违反本法的行为,赋予了权利人相应的救济途径,规定了行为人承担的法律责任。不同的责任,均由不同的要件构成,涉及归责原则、责任形态、责任方式、责任标准、责任范围等因素,这些因素构成了具体的法律责任。责任的是否承担和如何承担是法律责任的形态和方式,也是民事请求权实现的最终目的。本文以季某的纠纷为例,阐释侵权或合同的法律责任的标准和范围均应当符合法律规范中的构成要件,反之,行为人不承担法律责任。
Legal liability is some sort of unfavorable legal consequence that an actor should bear as a result of a breach of contract or as a result of the law. The legal liability stipulated by the law includes not only the consequences that should be clearly assumed in the legal norms, but also the adverse consequences of the stipulations that should be undertaken when the law and regulation explicitly violate the agreement. Each of the substantive laws gives the corresponding remedies to the violation of this Law and stipulates the legal liability borne by the perpetrator. Different responsibilities are constituted by different elements, involving the principle of attribution, the form of responsibility, the mode of responsibility, the standard of responsibility, the scope of responsibility and other factors, which constitute specific legal responsibilities. Whether the responsibility is assumed and how to bear is the form and manner of legal liability is also the ultimate goal of civil claim. In this paper, we will take Qimou dispute as an example to explain the standards and scope of the legal liability of infringement or contract should meet the constitutional requirements of legal norms, on the contrary, the perpetrators do not bear the legal responsibility.