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Drawing On And Introducing The Feasibility Study Of The Canadian Apology Bill

Posted on:2015-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:X C SunFull Text:PDF
GTID:2176330422973007Subject:Law
Abstract/Summary:PDF Full Text Request
20th century was considered by a lot of mainstream media as an apologycentury, people began to accept with a more gentle way to solve social and legaldisputes, there is also the huge development of media law in20th century. Conductformal apology legislation is precisely in line with the media law, which is devotedthe tolerance and conflict resolution mechanisms mild. The current legislation is toextend a formal apology mandatorily. The main way is to publish the relateddecisions of the courts’ in the mainstream media. From the perspective of the medialaw, this behavior clearly infringe of the freedom of speech and the freedom ofexpression of the parties. In addition to its inherent freedom of expressing emotion,the freedom of expression is also includes the expressions of regret. The significanceof apology is to bridge the rift, as well as to resolve disputes, in order to achieve aharmonious society. Therefore, the existing mandatory provisions of apology is notonly a departure from the original intention of apologize, but also the violation ofcitizens’ freedom of speech and expression, it ought to be prohibited by law. How toretain the advantages of an apology for building a harmonious society firstly, andthen to promote and facilitate the apology as a new dispute settlement mechanism,so as to apply it in judicial practice as soon as possible, is just what I try to study.The author conducts a detailed analysis of the feasibility of the bill introducing toChina in three parts. Firstly, I introduced the legislative background of CanadaApology Act, its judicial status, and the classical case formatted in the judicialpractice. I wish to introduce the advanced experience of the legislation of apology inthe West to China. Secondly, interpret the meaning of apology from three angles,history, culture and society, in order to explain the meaning and the connotation ofthe apology better. Lastly, argue the necessity and feasibility of introducing apology to China combining the actual conditions of our country. There is the system ofapology in China for a long time. But there are still many problems cannot be solved.I believe learning from the West’s experience, forming a unified apology bill as soonas possible, it will not only help to ease the present situation of sharp conflicts, butalso widely used in civil law, administrative law, and the State CompensationLaw,and many other areas. In order to do this I also carried out in-depth exchangeswith Canadian scholars in this field. I hope introducing the Canada Apology Act, andcombining tradition and practice of justice can Make further recommendations toimprove the system of apology in our country.
Keywords/Search Tags:apology, freedom of speech, Safe Harbor Principles
PDF Full Text Request
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