The Compensational Obligation To Travellers' Mental Damnification

The purpose of travel, which can be seen as a consumption of mental production, in some sense, is to pursue the satisfaction of mental life. While the travel itself is being treated by the travelers as a consumption of mental production, the breach of faith from the travel agencies might inevitablely bring anguish, namely physical or mental pain to their clientele, more or less. This kind of activities must directly aggrieve the mental rights and interests of consumers. From the clientele side, is it available to complain or requie any compensation of the aforementioned anguish? In the world wide, series of realted acts are raised to protect the travelers and to declare the compensational obligation when they meet the mental injuries during the traveling. Nevertheless, in China, we do not have any analogous act until now. From the views of juristical status of travelers'mental rights infringing, the artributes of rights and infringing, and the seriousness of the injury suffer which is brought from the breach of faith of the travel agencies, the stipulation of faith breaching responsibility agreement becomes more reasonable. In the process of responsibility cognizance, it will be with more reason that the main focus should be a successful protection of the clientele's mental rights, the fair balance between travelers'mental rights and their factual damnification, and the establishment of the judgment of travel agencies'offence. The analyse in the following papers starts from the cognizance of the compensational obligation of travelers'mental damnification,thereout comes the significance of proper acknowledgment of the travelers'mental rights, hence concludes that unless the positive and effective approaches of criterion are taken, the travel industry will never have a healthy atmosphere, nor the national travel economics.The first part of the paper is the discussion of vilidity and jurisprudential gist of the compensational obligation of travelers'mental damnification. Along with the continual development of national economics and the increasingly improvements of people's living situations, travel becomes to be one of the most significant approach of human's mental consumption. Nowadays, in the days of travel is treated to be a mental consumption, taking a trip have an extreme significant position in people's holiday lives. Once the individuals take a travel, whatever it is, a short trip, tour, sightseeing, or amusement, they just need a spiritual and mental satisfaction. Nevertheless, when the travelers are enjoying themselves in the treatment which was bought by themselves in some sense, once the legitimate mental rights are injured, travelers'satisfaction of personal mental life cannot be achieved. Therefore, protection of the travelers'legitimate mental right from infringing will of course becomes the exigent desire and requirement. Dissimilar culture background Variance of different countries leads a distinctly dissimilar legislation development levels. This also makes the explanations of the compensational obligation of mental damnification in different countries varied. According to the General Rule of Civil Law of our country, it claims that the concept of compensational obligation of mental damnification is defined to be the lost of non-properties and personal belongings.In the following section, the dsicussion is around the properties of compensational obligation of the mental damnificaiton and affirm it to be a responsibility of breach of faith. From the properties of compensational obligation of the mental damnificaiton, the actul problems of mental damnification in the travel contracts concerns two aspects: one is that whether compensition of mental damnification should be included in the damlificaiton compensation of fell-back of travel contract. The other is whether the compensation could be institute in the latigation of breach of faith. When face to the problem of compensation of mental damnification which is brought from the breach of faith, the worldwide disposal varies. Nevertheless, the courts in these countries are tending to admit that, in some certain situations, the clientele can have the compensation of mental damnification which leads by the breach of faith. Furhtermore, any contract of compensation of victim's mental damnicaiton, received from the court, is involving the clientele's mental benefits. Hence, for a travel contract, which is with the main purpose of mental benefits, the lost of mental benefits which is lead by the breach of faith should be compensated undoultedly. The mental enjoyment that travelers persue through the trvel contract is just a kind of mental benefit. Then, the spiritual unpleasant feeling which is brought by the contract fell-back is absolutely a lost of mental benefit. Therefore, the compensation of these kind of lost should also be inclued in the curent compensation system.In the third part of the paper, the cognizance of compensational obligation of travelers'mental damnification is discussed. To affirm the cognizance of compensational obligation of travelers'mental damnification, the first is to affirm the main body of the obligation, namely the obligee and the obligor. This is to solve that when the mental damnification happened, which ones have the require right of the compensation and which ones have the opposite. Secondly, is the cognizance of components of the obligation. In traditional theories, components of the obligation was summarized into four parts: the act of breach of faith, the fact of damnification, the relationship of above two, and subjective mistake of actors. Concerning the principle of compensational obligation of travelers'mental damnification, at present, in our country, the general explanation give the mainly priority to the principle of non-fault obligation and assisted with the principle of fault obligation. According to the principle of non-fault obligation, no matter the actor of obligation have the subjective false, once the causal relationship between the breach of faith and damnification is clear, the obligors should take their responsibilities. Item 107, Contract Law state:"when any side of the party do not, or do not successfully fulfill the incumbency of the contract, she or he should proceed on doing this or take a remendiation and compensation of the breach of faith."This means the position of non-fault obligation is adopted. Meanwhile, the item 107, Contract Law principly established the non-fault obligation. The aforementioned principle requires that the travel agencies should arrenge the cotent of the contract very rigorously and effactively. To avoid the breach of faith by increasing the service level, quality, and improving the management methods. Consequently, the liability and law consciousness can be boosted up. Contemporrarily, release of travelers'witness responsibility vail the process of litigation and embodied the protection of the trvelers, colony of weakness. Therefore, based on the protection of consumers'benefits, strict travel management, and improvement of the responsibility of the travel agencies, the legislation of travel contract should employ the principle of non-fault obligation. In the last section, a legislation consideration of compensaiton obligation of travelers'mental damnification is taken. Along with the increasingly development of treval industry of our country, the incomplete travel law situation need to be changed objectively as soon as possible. Hence, the legislation of travelcontract has its own significance. A serious sub-rule of laws need to be taken for the travel industry control, such as deposite systems and punishment systems. The compensational obligation of travelers'mental damnification is a compensational obligation with its own properties. Only when it is treated as an independent compensational obligation, the specialities can be extruded. The positive function is taken for the development of our country's travelindustry. To establish the travel contract system in our county, we should base onto the factual situation of our country, meanwhile, the abroad modern legislation experience is also welcomed, especially the protection of the travelers'mental benefits. This will make the development of our country continue, healthy and stable.