Civil Law Provisions T-shirt Design

On February 25, 2022, before the 228 consecutive leave, the justices made the first and second Constitutional Court judgments, of which the second is on whether the court can ask for a mandatory apology. Civil law provisions The second paragraph of Article 195, Paragraph 1 of the Civil Code stipulates: “Anyone whose reputation has been violated may also request an appropriate punishment for restoration of his reputation.” As for what constitutes an “appropriate punishment for restoration of reputation”, judicial practice has developed a “mandatory apology”, which requires the perpetrator of the infringement of the right of reputation to publicly express the meaning of apology in his own name. It may be a newspaper, or it may be posting the court-requested apology on his

Facebook and IG. An apology T-shirt Design should have been willingly; but a forced apology may not. Will use the court judgment to request, often unwilling, often forced to apologize. Interpretation of Shizi No. 656 In the past, the justices made a constitutional interpretation in Interpretation No. 656, and held that: if the perpetrator is ordered to publicly apologize by the judgment, and there is no such thing as self-humiliation of the perpetrator that undermines human dignity, it is not unconstitutional. Although this interpretation is constitutional, it also adds a premise that “it does not involve those who harm the human dignity such as self-humiliation of the perpetrator”, but the justice did not make it clear what kind of compulsory apology is considered to make the perpetrator self-humiliate and what is considered as damage to human dignity. Therefore, judicial practice will continue to use the method of compulsory apology as one of the ways to restore the reputation and appropriate punishment. In October 2018, the justices accepted the compulsory apology case again, and held a public briefing in March of the following year.

Moreover, the Interpretation No. 656 of the Judicial Yuan’s Interpretation should be changed within this scope. Fundamental rights involved Interpretation No. 656 of Shizi 656 holds that compulsory apology involves restrictions on freedom of speech. Article 11 of the Constitution guarantees people’s freedom of speech, and freedom of speech also guarantees freedom of expression. Unexpressed freedom also involves inner beliefs and values ​​such as morality, ethics, justice, conscience, faith, etc., and is related to people’s inner spiritual activities and the right to make independent decisions.