Discussion Of Default Compensation For Mental Damage

The system of compensation for mental damage has been playing vital role in protecting the civil rights and interests of the civil subject since its emergence. But in most cases, the compensation to mental damage has been limited to tort liability, not only in juridical practice, but also in basic theory of civil law. The compensation to mental damage is not included in contractual liability has been to be a consensus, so the parties of contract would not get compensation for his mental damage through contractual action. For these traditional idea and method, i think the act of infringement and the breach of contract all can make mental damage to civil party. When the acts of breach of contract bring about mental damage, but the victim only can get relief through infringement proceedings, it not only do not in accord with principles of contract law, but also unfair to victim. Through analysis, i agree with the the view that we should agree the infringement liability contain compensation for mental damage, and give victims the right to claim for compensation through contractual proceedings.The whole article consists four parts apart from epilogue and reference and documentation. In the part of the preface, i put forward that the traditional idea and method is not reasonable to the default compensation for mental damage, we should admit it and then establish a system. In this part, it also explain some basic concepts and questions, such as mental damage for breach of contract and its scope, the liability for breach of contract and the liability of contract. The second part expound the necessity of establishing the system of default compensation for mental damage. Mainly from the following aspects: the default of mental damage damage is real; the contract liabilities excluded mental compensation does not favor to protect the mental interest of man; the ambiguity of the contract law to mental damage cause the confusion of judicial practice. The third part expound the feasibility of establishing the default compensation for mental damage, from the following aspect: the attitudes of Anglo-American Law systems and Roman Law systems; analysing the agreement of objecting the default compensation for mental damage; our country has the institutional environment. The fouth part expound how to establish the system of default compensation for mental damage in our country. It contain three section, the first section analyse that we should choose which model to build the system. The second section talk about the constitution of the liability. The third section expound how to restrict the liability.