Legal Consideration On Mortgage Of Land Contract Management Right

The apology,which belongs to the moral category,has always been an important way of social control,and the apology in the moral category is mainly played by the inner mechanism of self-discipline and inner consciousness.The creative of our country to make the apology into the legal rules category,has aroused the academic and the practice department's extensive dispute.There is no doubt that apologize trauma can effectively make up for the victims,restore human dignity,obtain the psychological compensation,also make the infringer out of guilt,torture,inner tranquility image recovery,build moral conscience.From a sociological point of view,the apology is also of great significance.It can regulate the social order,it can achieve "virtue,together with the ritual,a disgraced" of social education,and to its openness,ritual full justice,dissolve the indignation,reshape the authority of law.In this way,China's legislation will make the apology sublimation into law,and fully affirm the pluralistic positive function of the civil liability.True,any system are not perfect,the system exists many problems in the process of judicial operation,but the important is how should the system running smoothly way,rather than for academic criticism.To seek solutions,we need to face up to the problem itself and face up to the problem.According to this train of thought,this article discussed from five parts: the first part of the search domestic research status about to apologize to the method,found that the present study rules retreat in phenomenon is serious,and the departments of theory seems more keen on criticizing apology into laws,rather than based on the practice found that the problem,find a good direction for rules to construct.To review the relevant provisions on the apology from outside the region,including the legislation of the mainland law system Japan,Korea and Germany,France and Taiwan,as well as the legislation of the United States and Canada.Although the laws of these countries or regions have made provisions or related to the apology,they have not made the apology as the means of civil liability to be clearly defined in the law.The second part through the Chinese justice system search involving more than 20 provinces and regions,of the written judgment from the perspective of empirical research,the cause of action,the claims of the related judgment,opinion,decision component extracted,according to differences in the referee,concluded that the judge optimum method factor.The relevant instruments have taken into account the geographical distribution,regional economic development,customs and cultural traditions,etc.The study found that there was an uneven distribution of cases and the difference in the number of the judges.Different courts have a contrast between the judge's standard of apology and the different opinions of the court referee.The third part concerns the causes of judicial dilemma,the combination of moral law constraints,the broad rule and the referee's inertia.The "soft law" is the direct factor of the judicial dilemma.The supply of institutional rules is the fundamental factor of the judicial dilemma.The referee's inertia is the indirect factor of the judicial dilemma.The court field atmosphere is the external factor of the judicial dilemma.The fourth part,according to the current situation of the judicial operation,reasonably envisages the specific conception of the application of the law of apology.First,the first question of judicial effectiveness should focus on three "screening" : 1.Outside of the law: the traditional,inner and operable respect.2.Don't be the same as the system of "spiritual compensation".3.Overlapping or breaking up: boundary identification with effect and restoration of reputation.Second,the rule should pay attention to detail when constructing.The author respectively from apologize,subject scope,the principle of utility,factor,time,decision running seven aspects,such as narrative expression,should not only absorb the existing legislation experience,and according to apologize properties and characteristics of their own to make special provisions.Decision running expression in particular,the author suggested that can be reference to the supreme people's court in civil judgment about increasing the parties as prescribed in article two hundred and thirty-two of the civil procedure law contents of notice,namely the first-instance judgment has to apologize or other obligations,should fill,start a new line running in the judgment if not according to the decision to perform its obligations within the period specified,shall be handled in accordance with the "civil procedural law" the provisions of article 253,gold payment's delay in performance.This can effectively guarantee the litigant's timely legal consequences and prompt the losing party to fulfill its obligations in time.It is based on the above analysis that the author makes a suggestion of judicial interpretation.