The Relief Of The Non-pecuniary Damage Caused By Breaching Of Obligation In Contract Law

In Chinese civil law, both in academic and legal practice, the responsibility for relief adopted to the dual system which contains of tort and breach of contract. In the binary relief system, the remedy for breach of contract only limit to property. And there is only compensation of non-pecuniary in tort law. But with the development of the society an economy, more and more cases indicate that there would be non-pecuniary damage in the breach of contract. The traditional binary relief system hasn't been sufficiently comprehensive to protect the interests of rights holders. In order to meet social development, numerous countries make great efforts on researching the protection about non-pecuniary.This paper starts from the domestic casus by analyzing the case, jurisprudence and domestic legislation and get the conclusion that it is necessary to bring non-pecuniary damage into the relief for breach of contract. Then it searches the theoretical basis of relieving non-pecuniary damage caused by breaching contract. After that it sums up the discrimination between the non-pecuniary damages caused by breaching contract and by tort. This paper connecting with the external achievement about this problem, defines what is non-pecuniary damage caused by breaching contract and advance the principle about the relief. At last, through the observation and consideration about the practice, it summarizes some problems that may emerge from the relief of the non-pecuniary damage caused by breaching contract and give the corresponding countermeasure.