Study On Constructing China's Compensation System For Mental Damage In Breach

Along with the social civilization degree of improvement and enhancement of the concept of legal system, People began to constantly strengthen the rights of their own spiritual realms of protection, and increase emphasis on its own value and dignity and safe pursuit. Under the background of that more and more contracts whose purposes is individual spiritual interests enjoy appeared, the problem about the compensation for spiritual damages which caused by breach of the contract has been the focus of attention. In order to fully protect intellectual rights of the victim in the contract litigation, it is imperative to construct compensation system for mental damage in breach of contract.This paper which is in addition to preface and epilogue is divided into four parts.The first part mainly discusses the connotation of compensation for mental damages in breach. It respectively introduces the concept and the relevant content about responsibility of breach of contract, mental damage and compensation for mental damage in breach of contract.The second part introduces and analyzes the relevant regulations in Anglo-American law (Great Britain, USA), continental law (France, Germany) and some international law such as "international commercial contracts in general rules ". Through analyzing these state laws and cases, it founds that these countries and areas in different extent admitted compensation system for mental damage in breach of contract, and it has became a world trend to establish compensation system for mental damage in breach of contract.The third part introduces the Supported and opposed doctrine about compensation for mental damage in breach of contract, and makes a simple comment on such a problem. Then, the author makes a rational analysis of constructing compensation system for mental damage in breach of contract, which provides the theory basis. From the legislation of our country, theoretical research status and judicial practice,The fourth part describes the ideas of constructing Chinese compensation system for mental damages in breach of contract, and puts forward the ideas to build our spiritual damage compensation system legislative suggestions: to establish a principle in institutions which is general situations are allowed and exceptional cases are banned. But in order to prevent the infinite expanding protection of mental benefit and the abuse of the compensation of mental damage, the author holds that the restriction of compensation for mental damage is necessary. That is, through the principle of causal relationships and negligence offset to make a necessary control, making the compensation for spiritual damage to adapt to the demand of social development.