Consolation,Compensation And Corrective Justice

Apology often appear in daily contacts,a simple "sorry","excuse","I apologize"and so on,or bow to indicate your regret,regardless of language or behavioral action as long as the meaning of guilt can be conveyed.Some people think that apology is an egoistical act,since people get relief after they apologized,while some people think that apology is to comfort each other to ease the pain.Apology as a way of tort liability,and apology in daily life may overlap,when the infringer bear the responsibility to apologize sincerely,then there is no substantial difference.But there is still room for discussion about the legitimacy of apology,and whether its moral implication denies that it becomes a legal form of responsibility or justifies it?I believe that the victim asks the infringer to apologize with the legitimacy,which is attributable to the victim of a justice.Based on the theory of tort law from the view of correcting justice,I try to judge the legitimacy of the apology as the tort liability from the perspective of correcting justice,and analyze the gain and loss between the infringer and the victim in the infringement dispute,and find how apology correct the gains and losses between the two to achieve justice.In addition,I also consider the traditional culture and public justice in the two dimensions of virtue and justice to enhance the legitimacy of apology,combined with foreign laws for the different positions of apology to reflect constitutional disputes over the enforcement of apology as a method of tort liability,rethink its restrictions and further analyze the possible limits of enforcement.At the end of the paper,there are corresponding responses to the legislative and judicial practice of apology as a method of legal responsibility,and some of the existing problems are pointed out.Specifically,this paper is divided into the following six parts:The first part,through the case and the provisions of our law on the apology,leads to the question about the legitimate basis of apology as a method of tort liability,and I review the existing theoretical research on this subject,and analyze this form of responsibility under a bilateral framework from the perspective of correcting justice.The second part follows the corrective justice analysis model,demonstrate how apology clarify the infringing facts,soothe the spirit of injury,and restore personality interests to correct the victim's loss.The infringer acknowledges the fault and reshapes the moral consciousness so that apology correct the infringer's gain.In addition to the gains and losses between the parties,the apology is also intended to correct injustice itself,and restore the infringer and the victim equal personality status in response to the basic rules and morality in public life.The third part compares the laws of different countries about apology.I rethink the possibility of arising constitutional disputes when compelling an apology,and how to reasonably limit the application of apology in several aspects like the scope of application,the applicable mode,legal function and so on.And test apology as a method of tort liability step by step by the principle of proportionality.The fourth part combines the differences and links between distributive justice and corrective justice to reinforce the conceptual basis of apology,emphasize that the richness and confirmation of personal rights in distributive justice is the basis of the value of consolation and compensation of apology.Apology makes distributive justice and corrective justice converge to the end of respect for and protection of individual personality.The fifth part reconsiders the legislation and judicial practice of apology on the basis of theoretical analysis,specifically analyze loopholes in the provisions of the law on apology and problems in the enforcement of apology.The sixth part summarizes the legitimacy and significance of apologizing as a method of tort liability under corrective justice.