国家赔偿中人民法院赔礼道歉问题研究

Study on the Apology of the People’s Court in State Compensation

摘要: 赔礼道歉经演化，在国家赔偿制度中已成为一种法律化的责任承担方式。国家赔偿法对法院作为赔礼道歉赔偿主体的情况作出了规定。然而，由于法院对赔礼道歉的方式等具有较大的选择权，请求人与赔偿义务机关的法院间的诉请与回应在实践中往往不尽相同，当事人要求的公开赔礼道歉的诉求往往难以得到实现。而对于赔礼道歉的法院，则是以国家赔偿制度下的结果归责原则为前提进行道歉。这不仅与赔礼道歉的性质相违背，亦有损司法权威性。

Abstract: Apology has evolved and becomes a legalized way to bear responsibility in the national compensation system. The State Compensation Law provides for the court as the subject of compensation by way of apology, however, because the court has a greater right to choose the way of apology, in practice, the petition and response between the court as the petitioner and the compensation obligation organ are often different, and it is often difficult to achieve the demand of public apology requested by the parties. For the court that apologizes, the apology is made on the premise of the principle of attribution of results under the state compensation system, which is not only contrary to the nature of the apology, but also undermines the judicial authority.