论民事赔礼道歉责任
发布时间：2018-07-16 15:35
【摘要】：《中华人民共和国民法通则》(以下简称《民法通则》)将赔礼道歉作为民事责任承担方式之一,意味着赔礼道歉完成了从道德范畴到法律范畴的转变,而强制力就是其法律性的体现。赔礼道歉因法律制度的规定而具有强制力,因诉讼中法官的判决而具有强制力,若不履行判决,法院可以强制其执行,即因强制执行而具有强制力。然而长久以来,我们并没有对这种法律化了的责任承担方式进行普遍深入的研究,致使赔礼道歉出现法律制度结构不完善,实践应用难等问题。现代社会崇尚和谐,呼吁节约诉讼资源,赔礼道歉如果能被法律所用,将能发挥其更大更积极的作用。不仅能在金钱之外给予受害人精神创伤的精神补救,亦能通过避免将纠纷激化为诉讼来有效的节约司法资源。因此,探讨如何在法律中构建赔礼道歉的相关制度,解决赔礼道歉在实践中的相关问题就显得尤为重要。本文将分为以下几个部分进行论述。首先文章对赔礼道歉责任进行概述。即从赔礼道歉责任的内涵,到赔礼道歉责任的特征,最后到赔礼道歉责任的功能这三个方面进行阐述,从而对赔礼道歉有一个全面的了解。其次本文论述了民事赔礼道歉责任在立法与司法适用上存在的问题。文章先列明现今法律对赔礼道歉的规定,从而引出因法律制度规定的模糊引发了司法适用上的问题。最后文章在提出问题的基础上对完善民事赔礼道歉责任制度做出了一些建议。如通过最高院司法解释的方式使赔礼道歉责任更加准确的适用,在执行过程中对我国的强制登报制度进行完善,最后可以建立自愿赔礼道歉的激励制度,这样既能达到要求侵权人赔礼道歉的目的,也能促进社会的和谐。
[Abstract]:"General principles of Civil Law of the people's Republic of China" (hereinafter referred to as "General principles of Civil Law") regards apology as one of the ways to bear civil liability, which means that apology has completed the transformation from moral category to legal category. Coercive force is the embodiment of its legal nature. Apology has the force of compulsion because of the provisions of the legal system and the judge's judgment in the lawsuit. If the judge fails to perform the judgment, the court can enforce it, that is, it has the enforcement force because of the enforcement. However, for a long time, we have not carried out a general in-depth study of this legalized way of responsibility, resulting in imperfect legal system structure and difficult application in practice. Modern society advocates harmony, calls for saving litigation resources and apologizes if it can be used by the law, it will play a greater and more active role. It can not only provide the psychological remedy for the trauma of the victim, but also save the judicial resources effectively by avoiding to turn the dispute into litigation. Therefore, it is very important to discuss how to construct the relevant system of apology in law and to solve the related problems in practice. This article will be divided into the following parts to discuss. First of all, the article summarizes the liability for apology. That is, from the connotation of apology responsibility, to the characteristics of apology responsibility, and finally to the function of apology responsibility, there is a comprehensive understanding of apology. Secondly, this paper discusses the problems of civil apology liability in legislation and judicial application. The article first lists the provisions of the present law on apology, which leads to the problem of judicial application caused by the vagueness of the legal system. Finally, on the basis of raising questions, the article makes some suggestions to perfect the civil apology liability system. For example, by means of judicial interpretation of the Supreme Court, the responsibility of making reparations and apologizing is more accurately applied, the compulsory reporting system of our country is perfected during the implementation process, and finally, an incentive system of voluntary apology can be established. This can not only achieve the purpose of asking infringers to apologize, but also promote social harmony.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
，
本文编号：2126838
[Abstract]:"General principles of Civil Law of the people's Republic of China" (hereinafter referred to as "General principles of Civil Law") regards apology as one of the ways to bear civil liability, which means that apology has completed the transformation from moral category to legal category. Coercive force is the embodiment of its legal nature. Apology has the force of compulsion because of the provisions of the legal system and the judge's judgment in the lawsuit. If the judge fails to perform the judgment, the court can enforce it, that is, it has the enforcement force because of the enforcement. However, for a long time, we have not carried out a general in-depth study of this legalized way of responsibility, resulting in imperfect legal system structure and difficult application in practice. Modern society advocates harmony, calls for saving litigation resources and apologizes if it can be used by the law, it will play a greater and more active role. It can not only provide the psychological remedy for the trauma of the victim, but also save the judicial resources effectively by avoiding to turn the dispute into litigation. Therefore, it is very important to discuss how to construct the relevant system of apology in law and to solve the related problems in practice. This article will be divided into the following parts to discuss. First of all, the article summarizes the liability for apology. That is, from the connotation of apology responsibility, to the characteristics of apology responsibility, and finally to the function of apology responsibility, there is a comprehensive understanding of apology. Secondly, this paper discusses the problems of civil apology liability in legislation and judicial application. The article first lists the provisions of the present law on apology, which leads to the problem of judicial application caused by the vagueness of the legal system. Finally, on the basis of raising questions, the article makes some suggestions to perfect the civil apology liability system. For example, by means of judicial interpretation of the Supreme Court, the responsibility of making reparations and apologizing is more accurately applied, the compulsory reporting system of our country is perfected during the implementation process, and finally, an incentive system of voluntary apology can be established. This can not only achieve the purpose of asking infringers to apologize, but also promote social harmony.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
，
本文编号：2126838
本文链接：https://www.wllwen.com/falvlunwen/minfalunwen/2126838.html
