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The restorative role of apology in resolving medical disputes: Lessons from Chinese legal culture

Lin, Nuannuan 2015, The restorative role of apology in resolving medical disputes: Lessons from Chinese legal culture, Journal of bioethical inquiry, vol. 12, pp. 699-708.

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Title The restorative role of apology in resolving medical disputes: Lessons from Chinese legal culture
Author(s) Lin, Nuannuan
Journal name Journal of bioethical inquiry
Volume number 12
Start page 699
End page 708
Total pages 10
Publisher Springer
Place of publication New York , N.Y.
Publication date 2015
ISSN 1176-7529
Keyword(s) Apology law
Structure of apology
Restorative role of apology
Medical dispute
Summary This article is the first exploration of the Chinese notion of apology from a comparative legal perspective. By reviewing the significance of apology in the context of Chinese culture, the article presents a three-dimensional structure of apology that, in contrast to the understanding the research community now has, defines acknowledgement of fault, admission of responsibility, and offer of reparation as three essential elements of an apology. It is the combination of these three elements that enables apology to serve as a form of reparation. The article further places the three-dimensional apology in the context of the Chinese concept of "the relations of humanity," arguing that an apology accompanying admission of fault and responsibility may help to restore the harmony of relations and, by so doing, resolve medical disputes positively.
Language eng
Field of Research 180104 Civil Law and Procedure
180126 Tort Law
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, Springer
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30076273

Document type: Journal Article
Collections: Faculty of Business and Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.