Research On The Enforcement Of Public Apology

A public apology of enforcement is the common organism from legal responsibility and s ocial aspirations. Infringer is not mandatory public apology retaliation, but a legal tort liability shall be performed, one with a humanitarian nature, rich in moral implication of building violations correction method. In the judiciary, the court many cases a public apology, a public apology for the maintenance of the dignity of the victims and restore the reputation of the victim, the victim’s soul soothe an important role. A public apology on implementation modalities, practitioners take to clarify the facts of the statement published, in whole or in part the judgment of the victim notices or judgment content and so on. But there are still scholars and practitioners have questioned the legitimacy of public apology and mandatory enforcement. Therefore, the correct understanding of the concept as well as the legitimacy of public apology enforceable perfect way to enforce a public apology for the conflict eased, dispute resolution, reputation and dignity of the law to maintain the recovery of great significance.In this paper, a total of four parts, namely:The first part is an overview of the enforcement of a public apology, and focuses on the concept of a public apology, the legitimacy of the analysis of enforcement and related theory. Public apology enforcement is defined according to the requirements of the parties, the court ordered an apology or persons responsible for the verdict announcement on a website, a newspaper, magazine or other public media above the main content published on apology. This paper argues that in order to enforce a public apology to restore the reputation of the victim’s social, not asking infringers sincere apology does not involve a high degree of personality development of related beliefs, and will not infringe on freedom of conscience. Although our law does not provide for freedom of conscience, But writing human rights protection in our country, in the constitution and the freedom of conscience and freedom of thought is the important content of human rights, but freedom is to have any limits. A public apology to enforce its legitimacy is not whether to limit the people’s freedom, and that this restriction is reasonable, whether lawful means. Enforce public apology asking for his earlier tortfeasor tort tort consequences. When we are forced to apologize for the behavior and the reason of infringement of linked, we can understand the legitimacy of a mandatory public apology.The second part discusses a public apology to enforce the existing problems. In judicial practice, the responsibility of enforcing public apology diversification, a direct result of judicial scale varies impede effective legal instruments to maintain the solemnity, authority and finality. This section mainly for practical implementation modalities are not uniform and specific way to enforce a public apology. There are persuasion and education, alternative execution, execution, and indirect damages execution.The third part of the study were compared extraterritorial legislation, Japan and Taiwan, China believes it is appropriate to enforce a public apology to restore the reputation of punishment, a public apology to enforce supportive attitude; Department of common law countries, although there is no public apology enforcement expressly provided, but the practice is still applicable to the enforcement of a public apology, but in theory, the research has strengthened the trend.The fourth part of a program to improve public apology discussed enforcement authority of the existing law to enforce a public apology for not clearly defined, so that the judicial practice of implementation vary widely, to the detriment of the law. Therefore, China should strengthen public apology to enforce legislation. On the implementation of the measures, the Court should first enforce and adhere to the principle of combining persuasion and education, try to persuade the debtor is automatically fulfilled. After several educational invalid, who refused to fulfill the obligations of alternative behavior, the court may substitute execution. For irreplaceable execution, if the debtor refuses to perform, on the nature of prejudice is already executing, implementing agencies can take their fines, detention and other coercive measures to promote its obligations under the relevant laws and regulations. Because the maximum intensity of indirect coercion, in the bottom of the case as a last resort applicable.