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作为法律主体的公民是否须承担法律责任、应承担什么责任及有多大责任,其年龄、能力很重要,但其地位和作用各不相同,简言之,年龄是基础,能力才是关键。因此在涉及其责任的问题上,仅以年龄取人既不能服人,也难于服法!关键应视其是否具有相应的能力以及其能力是否有符合法律条件的变更,而且此变更应符合法定的要求:即其是否经法定机关以法定程序予以审查与认定。如此才符合法理,也才是最大的情理,也唯有如此,才更有利于维护法律的统一和符合法治的要求。
As citizens of law, citizens have to assume legal responsibilities, what responsibilities they should bear and how much their responsibilities are. Their age and ability are important, but their status and functions are different. In short, age is the foundation and ability is the key. Therefore, when it comes to its responsibility, taking people only by age can neither serve nor obey the principle of service. The key should be regarded as whether it has the corresponding ability and whether its ability has legal changes, and the change should comply with the statutory requirements : That is, whether it has been examined and found by statutory authorities according to legal procedures. Only in this way can we meet the legal principle and also the biggest one. Only in this way can we be more conducive to safeguarding the unification of the law and meeting the requirements of the rule of law.