On The Mental Damages Compensate System In The Breach Of Contract Domain

The mental damages compensate system, as a way of comforts, has significance function to the comprehensive safeguard of civil right. But the traditional civil law theory believed that, the mental damage compensate system is only suitable for the tort domain, while not for the breach of contract domain, which causes the legal difficult position in certain cases. Therefore, constructs the mental damages compensate system in contract domain, not only has reality demand, but also has the legal stratification.The mental damage, its essence is the harm to the spiritual benefit that contains in the contract right. The harm needs to compensate, through the feasible inspection of contract relationship; undeniably, the spiritual benefit has close correlation with contract. Based on the congruent relationship between the contract and the society. This created the compensation request in the contract domain. And this kind of request is the manifesting of comprehensive compensation principle, the reflection of constitutional rights, simultaneously, also is the universal legislation tendency. Therefore, constructs mental damage compensate system, has the rational foundation without doubt.The civil legislation of our society limiting mental damages in tort law, while attempting to resolve the problem with responsibility competing system. But even with the responsibility competing system has great limitations in this domain. The path of changing the limitation is through expansion explained of contract law, so that the contract law concept of "damage" including material damage, and including mental harm.Mental damage theory applicants damages theory, it should be the constituent applicants damage elements in tort law. Quantitative standards on mental damage, should first establish the principle of comprehensive compensation principles for general principles, and including the relevant statutory factors measured. To prevent unlimited expansion of mental damage system, the certain restrictions of mental damage is inevitable.