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24 years of elementary accounting learning dry goods catalog:Fundamentals of Economic LawChapter 1: General Remarks (3)!
1. Classification of legal entities
1.Natural personIncluding Chinese citizensdomesticof foreign citizens and stateless persons.
2.Legal personsIncluding:For-profitLegal person (actively making money, distributing profits),Non-profitLegal person (not for profit),SpecialLegal persons
3.Unincorporated organizationsNopeYesLegal personality), including sole proprietorships, partnerships, professional service organizations that do not have legal personality, etc.
4.countries
(1) Domestic: State property ownershipUniquewithUnificationthe main body;
(2) International: the subject of public international law relations, the creditor or the debtor in the external relationship.
II. Qualifications of Legal Subjects
1.Classification of civil capacity
(1) Persons with full capacity for civil conduct: 18 years old; 16 years old, 18 years old, and live mainly on their own labor income**(Feed yourself
(2) Persons with limited capacity for civil conduct: 18 years old andNot completelyrecognizing one's own behavior; 8 years old Age 18 years old;
(3) Persons without capacity for civil conduct: 8 years old and (CompletelyNo, you can'trecognizing one's own behavior; 8 years old.
2.Capacity for criminal responsibility
(1) Age 16 years oldYescriminal responsibility (for as long as the crime is committed);
(2) 14 years old Age 16 years old, committing intentional homicide, etc. (serious crimes).Yescriminal liability;
(3) 12 years old Age 14 years old, committing intentional homicide and other aggravating circumstancesWhere prosecution is approved, it shall becriminal liability;
(4) 12 years old and 18 years oldYesmitigating or mitigating punishment;
(5) Age: 75 years oldIntentionallyCrime,Yesmitigating or mitigating punishment; NegligenceCrime,Yesmitigating or mitigating punishment;
Mentally illNo, you can'tthose who identify or are unable to control their own behavior do not bear criminal responsibility upon evaluation, and are ordered to be strictly supervised and given medical treatment, or even compulsory treatment;
Not quite yetThose who lose the ability to recognize or control their own conduct shall bear criminal responsibility, but may be given a lighter or commuted punishment; IntermittentA mentally ill person who commits a crime while mentally normal shall bear criminal responsibility;
Drunk peopleYescriminal liability;
(8) Deaf-muteor blind: Punishment may be mitigated, commuted, or waived.
3. Legal Liability
The "type" of legal liability becomes the "classification" of legal liabilityThe mastery of the 24-year exam syllabus has changed from familiarity to mastery].
1.Civil Liability
Cessation of infringement, removal of obstacles, elimination of danger (Destroy damage), return of property, restitution, repair and replacement (Fix as new), continue to perform, compensate for losses, pay liquidated damages, eliminate the impact and restore reputation, and apologize.
2.Administrative Responsibility
(1) Administrative penalties (citizens, legal persons, other organizations).
warnings, circulars of criticism;
fines, confiscation of illegal gains, confiscation of illegal property;
Suspend licenses, reduce qualification levels, and revoke licenses;
restricting the development of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;
administrative detention; (2) Administrative sanctions (civil servants
Warnings, demerits, major demerits, demotion, dismissal, expulsion.
3.Criminal liability(the most severe form of liability).
(1) Principal punishment
Regulation: 3 months to 2 years;
Short-term detention: between 1 month and 6 months;
Fixed-term imprisonment: 6 months to 15 years;
Life imprisonment: deprivation of liberty for life;
Death penalty: Immediate execution or a 2-year reprieve.
(2) Supplementary punishment (supplementary, auxiliary principal punishment).
Fines, deprivation of political rights, confiscation of property, deportation.
(3) Combined punishment for multiple crimes (except the death penalty and life imprisonment).
The maximum period of control is not more than 3 years; The maximum amount of criminal detention is not more than 1 year; where the total sentence is less than 35 years, the maximum is not to exceed 20 years; The total sentence is more than 35 years, and the maximum sentence is not more than 25 years.
After-class exercises
[Multiple choice].The following statements about the subject of law are incorrect ( ).
a.Stateless persons may not be the subject of legal relations.
b.The State can be the subject of legal relations.
c.A partnership is an unincorporated organization because it does not have legal personality.
d.The legal consequences caused by the negligence of the legal representative shall be borne by the legal person, and the legal person may pursue responsibility from the legal representative.
Answer: a
Analysis:Foreign nationals and stateless persons in the territory can also be the subject of legal relations, so option A is wrong and the other options are correctly stated.