“赔礼道歉”的异化与回归

我国《侵权责任法》延续了《民法通则》的规定,将赔礼道歉作为侵权责任承担方式之一种。从赔礼道歉责任承担方式在我国的产生来看,其有一定的历史时代原因;但在现代法的背景之下,该种责任承担方式不仅在理论上争议颇多,而且造成了司法实践中问题重重,其作为一种责任承担方式的合理性值得怀疑,将其从法律责任还原为道德责任实属必要。

On the Apology: Its Alienation and Regress

Apology is regarded as one of the methods of bearing tort liability in Chinese Tort Liability Act,which follows the regulation of The General Principle of Civil Law.In China,the generation of apology has some historical reasons.However,under the background of modern law,this method of bearing tort liability has many problems in both theory and judicial practice.There is much doubt about the rationality of apology which is regarded as the method of bearing tort liability.It is necessary to reduce apology from legal liability to moral liability in order to make it more reasonable.