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Research On The Apology

Posted on:2011-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:W HuangFull Text:PDF
GTID:2166360305982427Subject:Law
Abstract/Summary:PDF Full Text Request
Apology is very important civil liability, not simple way of expression for daily life sentence "sorry", social demand and apology is the legal responsibility of creature, it so saturated with legal force and powerfully. Apology in self-consoling trauma victims at the same time, the tortfeasor persuation anxiety and guilt, maximum damage repair infringement of moral evaluation. However, in the judicial practice process, the judge any applicable to apologize to apologize, sometimes. Scholars to apologize to dispute continuously, questioning the apology, necessity and legitimacy enforecement. Therefore correctly understand the nature and function of apology, studies how to apply the audacity of apology to dissolve, justice, thoroughly solve the disputes in the fight to defend, civil dehua is very important meaning. This paper, besides introduction, body, and conclusion by five parts.The first part introduces current laws regarding the apology. Through understanding inthe civil law and criminal law apology, the copyright law and international law of national amends and apologize to the definition and apologize to the background and the responsibility that psychological basis, we apologize as an important form of liability has been widely used in fame and honor and spirit of such property damage cases. The existence of apology system has important practical significance.The second part of the characteristic analysis of apology. The image is apology to law under the moral responsibility of shell package. It is filled with words of the legalization of the moral connotation, mainly through the words, To apologize for destruction of justice is correct and repair function specification, Apology is a kind of property nature of personal responsibility, also has the type double attributes and punish compensation, Apology is the legalization of moral responsibility, of course, with force and powerfully.The third part discusses the necessity, the force to apologize and justification. From then on a tort liability apology way, through the dispute to apologize to coerce, necessity and legitimacy of positive argument, must apologize to the institutional value. The fourth part of apology may produce the legal consequences. First, through the introduction of the "safe haven" system to analyze the relationship with the admission to apologize, "safe haven" system in special protection and encourage the infringer to apologize. Secondly, thinking and reduce the responsibility to apologize. To reduce its responsibility to apologize as the basis for positive. The fifth part discusses the laws applicable to apologize. Main responsibility from apology applicable legal basis, The content of apology, The applicable conditions of apology, The object of apology, The apology for form, The time and apology from the aspects of occasions, through the analysis of the execution of the present to apologize to re-think, some problems to apologize system and puts forward some Suggestions.
Keywords/Search Tags:Apology, Civil liability, Freedom of conscience, Mandatory
PDF Full Text Request
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