Default Compensation For Mental Damage

Article 22 of Tort law provides that where any harm caused by a tort to a personal right or interest of another person inflicts a serious mental damage on the victim of the tort, the victim of the tort may require compensation for the infliction of mental damage. But whether mental damage caused by default can require compensation, the existing law does not provide the exact answer. In contractual relationship, there is not only property damage, but also mental damage caused by debtors'default. Only compensating property damage can not fully protect creditors'legal rights. Of all worlds'legislation and judicial system, common law and civil law both have judgments supporting default compensation for mental damage.Conforming to international trend, we should also admit default compensation for mental damage in the future Civil Law. It will help for protecting human rights, improve civil legislation, and make up shortage of mental damage. Those will play a great role in the construction of good and stable social order. This article is divided into three parts: introduction, main body, and conclusion.Introduction: our existing law does not provide default compensation for mental damage. The mental damage of contract parties caused by default can not be completely protected. The article will make a further explanation on default compensation for mental damage in our country,The main body is divided into four chapters:Chapter one: this part sets forth some basic concepts related to default compensation for mental damage. These concepts will help us deeply understand default compensation for mental damage.Chapter two: this part introduces legislation and judicial status extistting in common law and civil law by using comparison method. These introductions will inspire our legislations on default compensation for mental damage. Chapter three: by analyzing our legislation and judicial status and academic controversy, it reveals flaws of our default compensation. From the essential difference between tort liability and breach of the contract, default compensation for mental damage and rule of predictability, default compensation for mental damage and relative nature of the contract, default compensation for mental damage in spite of difficulties in calculating mental damage and default compensation for mental damage despite of alternative liability, we can conclude that it is necessary for us to bring in default compensation for mental damage.Chapter four: From the elements and legislation patterns and the improvement of default compensation for mental damage, this article makes concrete suggestions for our countries'legislation.Conclusion: The system of default compensation for mental damage is the reflection of humanity of modern laws. It is also the significant part of protections of human rights for all the countries. The modern law trends to improve default compensation for mental damage enhance protections of civil subjects and enlarge the scope of compensation for mental damage. Legal system is progressing with the development of society, which is a evolving process. Basing on the condition of our country and learning from other countries'advanced legal system, institutions of default compensation for mental damage will serve people and make a great improvement.By the legislation and judicial contrast between domestic and foreign legal systems, this article makes a fully discussion on the necessity and feasibility of default compensation for mental damage in our country.