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On The Apology In Civil Liabilities

Posted on:2016-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:B WangFull Text:PDF
GTID:2296330479486991Subject:Science of Law
Abstract/Summary:PDF Full Text Request
"General Principles of Civil Law of the PRC"(hereinafter referred to as the "general principles of the civil law") takes apologize as one of the ways to undertake the civil liabilities. Which means apologize has completed the conversion from the moral realm to the legal category. Force is the embodiment of the law. Apology has force for the provisions of the legal system. It has force due to the judge’s decision. If you do not comply with the judgment, the court may compel the enforcement, in another word, it has force for enforcement. However, we did not make a deeper study on this responsibility which result in the legal system is not perfect. It is important to discuss how to construct the system of apology in law and solve the problems related to apologize in practice.This paper is divided into three parts.The first part is introduction. In the second part, the author make a summary of apologize. The article make a state from the connotation of apologize, then the duty characteristic and the function of the responsibility to apologize, last make a comprehensive understanding to apologize. In the third part, the author lists the civil liability system of the present situation and existing problems. This article expounds from two aspects of legislation and the judicial status quo and problems. In the last part, the author offered some proposal on the improvement of the system of responsibility to apologize. First of all, though the Supreme Court judicial interpretation to make apologize has accurate application. Secondly consummates our country compulsory news publishing system, and finally establish the defendant voluntarily apologize incentive system.
Keywords/Search Tags:Civil liability, Apology, Make forced publish in newspapers
PDF Full Text Request
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