On The Enforcement Of Apology

Apology is one of the ways to bear civil liability in China.To a certain extent,they can alleviate the guilty feelings of the infringers,relieve the mental suffering of the victims,lead the correct social and moral customs,and they can achieve results that can not be achieved by monetary compensation and uphold universal justice in society.There is also an irreplaceable role for conflict resolution.For the civil liability of apology,the majority of judicial practice is to adopt the method of public effective judgment to enforce the above execution,and the legitimacy of the above execution method,whether the theoretical or practical circles have been publicly questioned.Therefore,it is essential for the theoretical research and judicial practice of the enforcement of apology to know and understand the function of civil liability of apology and the legitimacy of the enforcement of apology,and improve the means and procedures of the enforcement of apology.This article is divided into four parts:The first part mainly explains the basic legal principles of the enforcement of apology,including the connotation,necessity,feasibility and theoretical basis of the enforcement of apology.The enforcement of the apology means that the court,according to the victim's lawsuit request,sentenced the infringer to bear the obligation to apologize.If the infringer does not voluntarily perform the obligation,the court will,upon application of the creditor,take measures based on the judgment to help the creditor realize the content of the right.With regard to the enforcement of the apology,it is necessary and feasible to judge from the judicial practice outside the territory or from the case of domestic legislation and practice.The enforcement of apologies belongs to the enforcement of the right of action claim,which is divided into alternative behavior and irreplaceable behavior.The court will take indirect enforcement when enforcing irreplaceable behavior.This paper will discuss the execution of the right of action claim and the theory of indirect enforcement in detail.The second part mainly introduces the present situation and existing problems of the enforcement of apology in our country.This paper analyzes the present situation of the enforcement of China's apology,and finds that there are many problems in the enforcement of China's civil liability for apology,such as the diversity of the execution methods of courts,the lack of uniform standards,the enforcement measures taken lack of warning and deterrence,and the incomplete system of supporting relief to the person subjected to execution.The third part is the cause analysis of the existing problems in the enforcement of our country's apology.Through the analysis,it is found that the main reasons for the existing problems of the enforcement of our country's apology are that the legislation on the enforcement of the apology is not clear and specific enough,the existing enforcement measures are not operable and have not formed a system,and The rights of the person subject to enforcement are ignored under the current legal value system.The fourth part puts forward some suggestions for the enforcement of apology.It mainly explores from two aspects: legislation and judicial practice,including perfecting the relevant legislative provisions for the enforcement of the apology,perfecting and integrating the existing measures for the execution of the apology,and finally improving the corresponding relief mechanism of the executed person in the specific procedure to protect human right.