Research On The Non-pecuniary Loss Compensation In Breach Of Tourist Contract

Recently, traveling in our country is developing rapidly. But many tourists suffer many mental distress because of travel agency's mistake and some courts support that the compensation for mental distress is available in case of breaching contract but some courts don't think so,which makes the same case having different judgments so as to harm righteousness of law.so it is necessary to construct our non-property loss compensation in breach of tourist contract system in order to maintain the dignity of the law. The article consists of three parts as follows.In the first part, the author introduces the non-pecuniary loss compensation in breach of tourist contract in our country and judicial practice. Through the analysis the current situation, there is no unified view on the non-pecuniary loss compensation in breach of tourist contract, which can cause a lot of drawbacks.In the second part, the author introduce overseas legal history and status on non-pecuniary loss compensation for breach of travel contract. Give us some enlightenment and references,how to construct our country's the compensation for the mental distress in breach of travel contract.In the third part, the author put forward the idea that we should establish the non-pecuniary loss compensation for breach of travel contract, which mainly conclude several parts such as the reason, the request subject of the compensation, onstitutive requirement,the extent of the compensation and so on.