On The Application Of The Liability Of Apology

As a method of bearing civil liability,the legalization of apologizing for apology signifies the need and importance of this traditional virtue in China's social development,and plays a key role in making up for the victims' spiritual interests and building a credit society in China.However,because its scope of application is not clear,and the implementation method is not very good,it has been widely criticized.With the promulgation of China's "General Principles of Civil Law" and the gradual writing and consultation of its sub-sectors,this problem has not been solved well.However,if the system of apology for commendations can be better incorporated into the system of civil liability,and combined with the dual advantages of legal norms and ethical mechanisms,it will be able to alleviate social contradictions and build a harmonious credit society while inheriting the excellent tradition of national characteristics makes sense.Therefore,the research on the application and implementation of the apology for civil courts under the threshold of civil liability is of great significance to the development of the civil liability system and the reference of judicial practice.The thesis is divided into six parts,of which:The first chapter is the introduction.This article expounds the research background,the significance of the topic selection,the research status,and the research objects.Under the current system of apology in China,the moral interests of the infringed people cannot be truly compensated.This article studies the theoretical and practical significance of the subject.Chapter two introduces and outlines the problems.Based on the status quo of legislation and judicial application of apology in China,the big data analysis of existing cases is conducted in the form of empirical analysis,and the key controversial issues that have emerged are used as research directions in this article.The third chapter is a legal analysis of apology.A legal analysis is made on the application of apology in China,and the indispensability of civil liability,the inevitable need of civil law,the purpose of judicial relief,and the maintenance of judicial authority are expounded on the legitimacy,legality and necessity of applying apology.The fourth chapter investigates and draws on the extraterritorial application of apology.From the perspective of comparative law,combined with the different applicable provisions of the civil law system and the common law system for the apology system,it provides a reference for the improvement of China's system by providing a "safe harbor" system and reducing damages.Chapter Five,specific suggestions for applying apology.Combined with the previous analysis,the construction of the apology in the application of law in China strives to propose ideas completely from the aspects of scope,time limit and applicable conditions,as well as content,object,form,incentive system,and enforcement,which echoes the theme.The last part is the conclusion.Summarize the content of the full text and point out that China's demand for applicable apology is growing.We urgently need to improve the application of apology.At the same time,when the compulsory means cannot match the spiritual apology,we may return to the moral nature Complete its execution.While condensing and elaborating,I expressed some of my expectations for the future implementation of the system.