Study On Civil Liability Of Apology

Apology as a kind of civil liability was first stipulated in the "General Principles of Civil Law" in China.However,there is still a great controversy in the academic circle about whether apology should be regarded as civil liability.In addition,although the Civil Code has further detailed provisions on the applicable scope of the apology,the provisions of the current law on the liability of the apology are still not specific and systematic,which leads to many problems in the application of the liability of the apology and cannot fully play its role.Taking into account the special compensatory function of apology for the spiritual damage of the infringed,the role of redemption of the heart of the infringed and their return to society,and the role of moral maintenance.It is necessary to demonstrate the appropriateness of apology as a civil liability,and put forward corresponding suggestions to solve the problems of unclear legal provisions and confusion in application,so that the responsibility of apology can better play its effect in practice.This paper is divided into introduction,text and conclusion of three parts,the text of which consists of four parts.The sfour parts of the text are as follows:The first part introduces the main existing problems of the responsibility of apology.In regard to the appropriateness of apology as a legal responsibility,the appropriateness,constitutionality and practical effect of apology as a civil liability of the moral responsibility of apology have been greatly disputed.On the application level of the liability of apology for compensation,due to the imperfect provisions of relevant laws,there are problems such as unclear scope of application,unspecific conditions of application and content of apology,and poor enforcement effect.The second part is the internal requirement of the civil law system.The obligation to make amends and apologize does not constitute an undue restriction on the parties’ constitutional freedom of conscience and speech;The liability of apology for compensation has special effects on both the infringer and the infringed,which proves the appropriateness of the liability of apology for compensation and removes theoretical obstacles for the application of the liability of apology for compensation.The third part,aiming at the applicable scope of the apology,summarizes the applicable scope stipulated by the current law,and analyzes the possible applicable scope of the cases of personality right,identity right and property right based on relevant theories.Aiming at the applicable conditions of the apology,analyzes the theoretical subject of the apology requester,the degree of the subjective fault of the infringer,the severity of the damage consequence of the infringed,and the applicable conditions of the obligation of the apology of the infringer in the voluntary four middle school,and judges its rationality.Aimed at the content of the apology,combined with the relevant theories to analyze.Then analyzing the theoretical possibility of indirect execution,alternative execution and compensation execution.Combined with the characteristics of the liability of apology for compensation,it judges the feasibility of applying various execution methods to the liability of apology for compensation.Based on the analysis of relevant contents from the third parts,the fourth part puts forward specific suggestions for improvement in three aspects of the applicable scope,applicable conditions and content of the liability for apology,as well as the way of compulsory execution,so that the liability for apology can play its role.