The Necessity And Feasibility Of Special Legislation For Apology In China

The recent bus crash in Wanzhou,Chongqing,has been triggered by the announcement of the accident investigation video.It will be widely discussed.Many people have voicing their voices to reflect on why such a tragedy occurs.Over the past forty years since the reform and opening up,the material civilization of our country has made great progress.There is still much room for improvement in spiritual civilization.Many tragedies in social life belong to The fire is very small.It is a fire that can be extinguished by a smile and an apology.Star The rule of law plays a very important role in social governance.But it is undeniable that this effect can sometimes be negative,it may suppress the good in human nature.Points.People may be "bound" by the icy,complex laws and regulations.They dare not take the initiative to do so.For a person's basic good deeds,such as passengers on the Jiangjiang bus,no one takes the initiative.If we do not take the initiative to help a fallen old man,we will do something wrong.I dare to apologize.This seemingly basic moral behavior is slowly becoming extremely important.The development and solution of many disputes.In his speech,Based on this theory,this paper discusses the formulation of special apology laws in China.Feasibility and necessity.In the traditional society of our country for thousands of years,there are numerous stories about apology,such as Confucius pleading guilty and bearing the blame,etc.The traditional society of our country is deeply influenced by Confucianism,and the code of conduct is partly assumed by "propriety".The core of "courtesy" is to grow up in order,there is a difference between the upper and lower levels,and the main method of "service" is "apology".It is precisely because the system of service ceremony has a long history and profound cultural context in our country,so in the construction of a legal system with Chinese characteristics,the legislators never forget to carry forward this historical tradition.Therefore,the content of "apology" in the current legal norms of our country is mainly a way to bear the responsibility,that is,after the dispute escalates to a certain extent and the state forces intervene,one direction of the dispute is decided by the other party to bear the responsibility.By studying the legal norms on apology in different foreign jurisdictions,it is found that they do not merely prescribe apology as a way of assuming responsibility in a number of legal provisions,and most of them have formulated special apology bills.They regard apology as a kind of dispute resolution that is as effective as mediation,even more effective and more cost-effective than mediation.Practice has proved that their special apology law has achieved good legal and social effects.In the new era of the development of socialism with Chinese characteristics,in order to promote the modern state governance capability and governance system.In order to respond more effectively to the needs of the masses for effective solutions,we should make a thorough study.While retaining the advantages of apology in building a harmonious society,we should absorb the law of apology in traditional Chinese culture.The essence of norms,drawing lessons from the relevant legislative experience of different jurisdictions outside China,changes the apology of reparations in China.It is only a way of responsibility to assume a better way of promoting the status quo.The solution is applied to judicial practice as soon as possible.If we need to formulate special apology laws and regulations,we should formulate an apology law,such as "forgive and forget".Row to row In different contexts,the status quo of the legislation of apologies in different jurisdictions abroad,"apologize".Whether the apology is unconstitutional,the difference between "limited apology" and "comprehensive apology" is the concept of "safe harbor".It is necessary to study such questions.