The Study On The Legalization Of Apology

The meaning of apology can be dating back to the Emperor Han Wu’s period of Han Dynasty,which lasted for a long time. And honouring Confucianism consolidate the dominant position in the society at that time, which making Etiquette to be the rules of behavior specification and the accordance of law interpretation. This article is divided into four parts to start on.The first part describes the historical origins of apology and two kinds of meaning of apology. Moral dimension of apology is the interpersonal common form in daily life, which repair the damaged relationships between people. Apology, as a way to the civil liability, is the special one. This kind of apology causes a lot of discussion and question. Apology has the common meaning between moral dimension and legal dimension, but there are different emphases between them. Apology concerns how to calm the uneasy heart of tortfeasor in the moral dimension. But apology concerns how to punish the tortfeasor so that saving the victim’s loss of reputation.The second part presents the study of the questioning of apology legalization and the responses to these questioning. There are many claims in academia that argue about whether it really has a positive effect to put the apology into law. They think that enforcement is a lack of respect for human’s dignity which should not be existed in modern civilized society. Though there are a lot of criticism about doubts and not understanding for the forced apology. But apology is still be reconfirmed tort liability as the main mode which is the same with compensation, honorary recovery and effect elimination in the new Tort Liability Act. And there is not any variation of the new promulgated Tort Liability Act. There are discussions of the need for apology legalization is the target of criticism because of academic’s misgivings.The third part lists the necessity, legitimacy and feasibility of apology legalization. The voluntary apology is a common matter of personal conscience and legal liability, but the forced apology is the joint matter of the aspirations of society and legal liability. So that there is no doubt about the need for apology legalization. The justification of apology should not be limited if the level of restriction of personal freedom, but should be concerned about whether this kind of behavior is legitimate or not. People value the spiritual compensation better than economic compensation in the modern society of rapid economic development. Legal provides the baseline that people should not touch, which is the mandatory one. The main method of apology between moral dimension and legal dimension depends on whether there is force or not.The fourth part researches the application of apology legalization. Apology responsibility was established not only in Civil Law but also in other area such as Tort Liability Act, Consumer Protection Law, Copyright Law and so on. Judicial interpretation provides the forms of apology, such as the oral one and the writing one. Thus it established the basis of judicial practice that using in an open letter of apology. Apology was be used widely in legal area. And it will be better in the future. Apology is very important to safeguard social fairness and justice and stabilize harmonious society. The traditional way of apology such as the oral one and the writing one is not the only way to make an apology, however it is the most appropriate way.Apology has been added into the law which belongs to a class of responsibility and financial compensation mode in the judicial system of our country. However, an apology cannot be instead of using the property. It should be a combination of both, in order to obtain the best results, so that the victims will be able to compensate for the loss in the greatest degree. Apology has effective ways of remedial measures instead of economic, which needs encouragement and introduction by legal means. It will be progressing well by using this kind of method properly.