A Study On Apology As A Method Of Bearing Civil Responsibility

Apology has a long history in China and originates from the moral field.It has a profoundly historical and cultural background with successful practical experience.Coupled with its important functions of venting emotions,soothing trauma,punishing moralization,self-redemption,education warning,and stopping disputes and litigation,it has gradually become legalized as a way of assuming civil liability,which has become Chinese characteristics.However,Since the apology entered the law,theoretical controversies have been existed.The issue of compulsory enforcement is particularly prominent.In judicial practice,there is a certain confusion in the application of apology for compensatory rituals,and the dilemma of enforcement is always arising.The author thinks that only by having a clear understanding of its connotation and mastering its core gist can the apology for compensation be better applied and its functions fully utilized.In addition to the introduction and conclusion,this article mainly includes the following four parts:The first part sorts out the core points of the apology.Proceeding from the connotation of apology,we explored the difference between the meaning of apology and apology under the moral perspective and the legal perspective.By referring to the analysis of foreign apology,the core constituent element of apology was to admit mistakes and express apology.The second part analyzes the reasons for the legalization of apology.Apology from the moral field to the legal field is the result of the joint promotion of three favorable conditions: historical and cultural background,the function of apology and the psychological basis of compensation apology.The third part discusses the theoretical issue of enforceability of apology.There are three viewpoints: affirmative,negative and compromise.The affirmative opinion thinks that it is necessary,justified and feasible to make apology compulsory.The negative viewpoint believes that compensatory apology violates the core gist,violates the Constitution,and is confused with the method of enforcement that restores reputation and eliminates influence.The compromise view recognizes the positive role of compulsory apology,but its application should be strictly restricted.The author agrees with the negative statement.The fourth part is based on the discussion of the first three parts and the provisions of the current laws and regulations,to analyze the application of apology.Applicable subjects for apologizing include legal persons and other organizations.The scope of application of apology should be expanded,but it should be limited by the consequences of fault and mental damage.The specific form of application of the apology needs to consider the relevant factors.Recognize the unenforceable nature of the apology for compensation,explore a more suitable application path,clarify the applicable limits of the corresponding civil liability,the strict application conditions for the apology for compensation,and establish an incentive mechanism for the apology.