论赔礼道歉民事责任方式的适用

On the Application of Apology in Civil Liabilities

赔礼道歉源于道德责任,是集话语性、强制性、人身性、惩罚性于一体的责任方式。其实质是行为人认识到自己行为的错误而产生的内疚感,是"自向性行为",法院的强制性适用不能达到赔礼道歉的目的。赔礼道歉的内容应当作出明确解释。在现行法律规定下,法院在判决中应当谨慎适用,更不可超出法律规定之外适用赔礼道歉。

Apology, rooted in the moral liability, is a kind of liability with many specialties, which including speech, forcibility, personality and punishment. Its essence indicates that the person recognizes his mistakes and feels guilty. It is an intrinsic action, so the application of apology forced by courts can＇t arrive at its original aim. The contents of apology should be explained clearly. The application of apology should be very cautious according to the rules and regulations in force not neglecting them.