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Research on the Apology
Author: HuangWei
Tutor: TanQiPing
School: Southwest University of Political Science
Course: Legal
Keywords: Apology Civil liability Application of the law The spirit of the force of
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 178
Quote: 1
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Abstract
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The apology is common bio of the demands of society and legal responsibilities, it is imbued with the coercive power of the law and deterrence. Apology civil liability as a very important one, not the simple performance of the daily life of a \sense, the maximum extent possible to repair the moral evaluation of tort damages. However, in the course of judicial practice, the judge any applicable apology apology perform difficult phenomenon have occurred. Academics apology dispute constantly questioned the coercive power of apology, necessity and legitimacy. Therefore, a correct understanding of the nature and function of an apology, and study how to apply an apology for indignation to resolve, justice assert disputes completely resolved to defend the demoralization of the civil law has a very important significance. This article in addition to the introduction and conclusion, the body consists of five parts. The first part of our current law on the definition of an apology. Contrast defined apology apology in the civil law, criminal law, copyright law, the State Compensation Law and Public International Law and apology responsibility the background and psychological basis, we know that an apology as an important form of liability is widely used in reputation, honor, spiritual and other non-property damage cases already. The existence of an apology system has important practical significance. The second part, the characteristics of the apology. Apology by the image of the metaphor of legal shell wrapped moral responsibility. It is full of moral implication of legal discourse behavior, primarily through the words to express; apology correction and repair damage to the norms of justice; apology is a non-property nature of personal responsibility, compensation and punishment dual attributes; apology is the moral responsibility of the legalization, of course, have the coercive power and deterrence. The third part, an apology is with non-. Moment as tort liability bear the way a lot of controversy about the apology, apology coercive power, the necessity and legitimacy of a positive feasibility studies, the value of the system certainly apologize. The fourth part, an apology may arise in litigation outside the legal consequences. By introducing the \Secondly, think about an apology and reduce the link between the responsibility. Apology as to diminish their responsibility based on the positive elaborated. The fifth part, apology laws apply. The main from the apology responsibility for the legal basis; contents of the apology; the apology applicable conditions; the apology object; applicable form of an apology; several aspects of the apology, by analyzing the moment apology perform some problems, re-reflect on the apology the system and some suggestions.
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