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Legalization of apology

Author: PanTianTian
Tutor: ZhangChi
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Apology Justification Safe Harbor Legal effect
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 91
Quote: 0
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Abstract


China's \This means that , in our law legal context, an apology completed by the legal aspects of morality to convert , in turn, can be used as a judge ordered the mandatory civil liability , and given its special legal implications and legal value. However long the Civil Law of the creation of this rather \From the legal analysis, an apology is not only a national common law emotional reactions , but also the outstanding achievements of morality into law . Meanwhile, according to the proportion of the principle of freedom of expression , the infringer's not ideographic freedom are infringed upon the victim can be limited and, therefore, will have a moral implication of this apology acts as a legal accountability approach has its legitimacy and reasonable. In the actual process of law applies , as a legal obligation in the form of an apology , should reflect its coercive power and forms of openness and stressed apology content and presentation is reasonable. Meanwhile, the rights or interests for different reasons, need a special type of case in the form of liability for an apology to be mutatis mutandis . In addition , the law should focus on in addition to the legal obligation in the form of an apology as applicable , should also concern the legal litigation apology design . In common law , in order to encourage an apology , usually in the legislation set up a \But the \It is reasonable to set the legal effect of litigation apology , the paper 's use of economic cost-benefit comparison of four possible legislative models were investigated, with an apology that should be recognized as a liability and loss calculation stage finds evidence effectiveness , thus balancing the interests of both tort and victims relationship

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CLC: > Political, legal > Legal > Chinese law > China and France
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