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赔礼道歉作为一种具有中国特色的民事责任承担方式,有其存在的必要性和正当性。但对于我国赔礼道歉的强制执行方式,理论界一直存在争议:司法拘留、罚款过于严苛,有违反良心自由之嫌;刊登判决书又似乎混淆了赔礼道歉与恢复原状、消除影响的区别;代为刊登道歉公告却不意味着侵害人的真诚悔过,反而会是对社会大众的欺骗。因此,本文从我国强制执行赔礼道歉的现状切入,厘定司法实践中赔礼道歉的强制执行方式。
Apology as an implicit way of bearing civil liability with Chinese characteristics has its necessity and legitimacy. However, there has been controversy in theorists about the enforcement of apologies in China. Judicial detention, fines are too harsh, and there is a suspicion of conscience freedom. The publication of judgments seems to confuse the difference between apologizing and restitution, and eliminating the influence. Apology announcement does not mean sincere repentance against the people, but will be deception to the public. Therefore, this article analyzes the status quo from the enforcement of the apology in our country and determines the way of enforcing the apology in the judicial practice.