摘要
Abstract
Extending a formal apology is known as a civil liability originating from the moral field;the interests of memorials has both legal and moral characteristics as well.In disputes over interests of memorials,most parties will make a lawsuit request for"extending a formal apology".However,the current law has not clearly defined the protection path for the interests of memorials.The application of extending a formal apology requires appropriate interpretation and argumentation by the judicial or-ganization based on existing laws.Premised on clarifying the positioning of the interests of memorials as"the general personality rights",judges should consider the extent of harm suffered by the parties involved and the degree of fault of the perpetrator and analyze the sequence of protection between the interests of memorials and freedom of speech.Then the application of extending a formal apology in-stead of other civil liabilities is conducted reasonably.Under the framework of article 1000 of The Civ-il Code,which juxtaposes extending a formal apology,elimination of adverse effects,rehabilitation of reputation,utilizing alternative methods of"public disclosure or publication"could also serve to some extent the functions of soothing trauma and disciplinary education similar to apology compensation.However,there is need to standardize the expression of the application of"extending a formal apolo-gy"in judicial documents.关键词
祭奠利益/赔礼道歉/精神损害/消除影响/恢复名誉Key words
the interests of memorials/extending a formal apology/mental distress/elimination of ad-verse effects/rehabilitation of reputation分类
社会科学
