On Mental Distress Compensation For Breach Of Contract

As the disadvantageous law responsibility, which the party of breach should undertake when its conduct of breaching the contract results in the mental distress of the other party, the mental distress compensation embodies characters such as some extent punishment, making system completely and so on. The theories and practice of mental distress compensation abroad has indicated the tidal current and trend of its system. Actually, the creation of mental distress compensation system can be supported by the jurisprudence and the relative contract theory. In respect of proving, accounting and other aspects of mental distress compensation, there is still existed some difficult problems, however, the building-up, development and perfect of the system are the logical necessity of life demand and the inevitable result of history rule. This article not only analyses the system rationality of mental distress compensation, but also particularly does research in the other important contents of mental distress compensation, such as the causality, the rule of dealing with the issue of breach and tort at the same time, the methods of coping with obstacle problems, and the future road of Chinese mental distress compensation system.