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The Study On The Legalization Of Apology

Posted on:2019-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:T T TanFull Text:PDF
GTID:2416330548457224Subject:Legal theory
Abstract/Summary:PDF Full Text Request
"I'm sorry" is easy to write and to read,but sometimes it's not easy to do! There are often such scenes in life.There are two parties in the dispute.The victims only wish to be apologized.The injurers prefer to give money rather than apologize.Thus the contradiction could not be resolved quickly.The apology is very important to resolve the arguement.The apology was originally a moral rule.Firstly the apology has completed a conversion from moral category to legal domain by Chinese legislators.It makes the apology have more softness than other legal responsibilities.It could avoid the intensification of contradictions,save judicial resources,reduce the costs of parties,maintain and promote the social harmony.In judicial practice,we often face the difficulties of enforcing the apology.It has caused many scholars to question the necessity of legalization of apology.It is undeniable that the apology system in our country is still not perfect.When the parties refused to enforce the court,the judge does not know how to respond legally and reasonably.However,the unique functions of the apology cannot be replaced by other forms of responsibility.As the saying goes,we must discuss and study how to solve the implementation dilemma and remove obstacles to the implementation of the apology.More active,do not give up.This paper firstly demonstrates the necessity of the legalization of apology.It lays the foundation for this article.The legalization of apology is necessary.Next it proposes the solutions of the difficulties of enforcing apology.Firstly it introduces the current implementation methods,then responds to several major issues one by one.Can the apology be enforced? Is enforcement enforced unconstitutional? Does the apology and the elimination of influence and restoration of fame repetitive? Does the contents of the apology constitute the self-identification? At last,it is very helpful to overcome one 's shortcomings by studying others.We study the apologies system of other countries and regions,mainly to study the “safe harbor” system,to cut offthe relationship between apology and self-confidence,and to relieve the injurers' worries.The purpose of this article is to clarify the necessity of the legalization of apology,to respond to the scholars' questions,and to try to propose solutions to the current plight of the apology by comparing the good experience of the apology of other countries and regions.Due to limitations in my academic level,I cannot express my expectations properly.There may be many flaws.Please my teachers give some criticism and guidance.
Keywords/Search Tags:Apology, Legalization, Executive Dilemma, Safe Harbor
PDF Full Text Request
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