| With the rapid development of Chinese economic and the rising of people's living standard, many people are choosing traveling to release their pressure. Signing contracts with travel agencies is a common way, but breach of contract always results in spiritual damage. The breach of contract caused by the travel agencies will also bring great spiritual damage to tourists. Although the laws and regulations and judicial interpretation of spiritual damage were unveiled and spiritual damage compensation became more and more systemized, the law hasn't any regulations on the spiritual damage compensation system caused by the breach of contracts. Moreover, the judicial practice in China doesn't advocate to apply spiritual damage compensation with the breach of contracts, which results in untimely legal relief, the reduction of the breach of contracts'cost and the rising rates of breach of contracts. According to Interpretation on the Matters of Law Application in the Trial of Personal Injury Compensation Case, Issued by the Supreme People's Court, spiritual damage can be claimed. According to the viewpoints of civil law theory, as for the compensation of breach of contracts, only property is included, while spiritual damage is not. When meeting with breach of contracts causing spiritual damage, the non-defaulting party can get compensation via tort lawsuit according to the system of constitutes concurrence of liability for breach of contract and tort liability. However, unlike the liability for breach of contract, tort liability implements the imputation of fault liability, the victim is responsibility for burden of proof, which makes it difficult to seek for relief. As a result, the law should acknowledge spiritual damage compensation caused by breach of contract, so as to embody the spirit of modern law, reflect the developing tendency of modern law, and to institutionalized and standardization the spiritual damage compensation of the breach of travel contracts.
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