Study On The Compensation For Mental Damages In Contract Litigation

The damage can be divided into property damage and non-property damage in the civil law, including damage to property is the property of all adverse changes in property damage instead it refers to property damage other than the damage, the general performance is physiological and psychological pain. Non-property damage, or in the case doctrine is often referred to as "mental damage", although the two are different in wording, but there is no much difference in meaning.On the concepts of mental damage, the foreign doctrines generally believe that the spirit of that damage is a result of violations by the victim by the spirit of the physical suffering. In a word, mental damage is beyond the means of property damage. In China, the doctrine generally believe that the mental damage is the mental suffering and the mental interest's loss or mental impairment, that is, because the right to life, the right to health, and other material rights had been violated what he suffered physical and psychological damage and for the right to honor and other spirit rights had been violated what he suffered the losses of spirit interest.But the above concepts of damages artificially increase a prerequisite, that is infringement, and in fact, according to the theory of damages, there is no infringement of this precondition. Therefore, I think that in some areas of the contract, there is also mental damage, such as in tourism contract. In breach of contract caused damage to the spirit of responsibility, it should be the responsibility of the essential elements for an exposition. Tourism is the first tourism business in the contract of violations, followed by the damage caused by the behavior of the facts, and finally the breach and the damage there is a causal relationship between the facts. Have a clear idea of liability for damage at the same time elements of the composition, the author of tourism at the same time, the purpose of the contract and characteristics, as well as the tourism business morphology of a default on one by one, trying to identify the violation of contractual obligations travel behavior and moral damage compensation Intergovernmental relations. Finally, the author mainly from the legislative and judicial building two aspects of China's tourism damages the spirit of the contract responsibility system proposals. Legislation, and to identify additional travel contract non-tourists enjoy the right to request compensation for property damage; judicial practice, common law and civil law from the Department of successful experience. The paper mainly discusses the compensation for mental damages in tourism contract.There are four parts composing this paper:In the first part of the paper,the author raises the question by a case study in tourism contract, that is there is mental damage in the tourism contract, tourists in the contract whether can bring in appeal of the spirit in the tourism contract suits.In the second part of the paper, mainly focuses on the breach of contractual obligations. Then discuss the relationship between the damages and the breach of contractual obligations. First of all, briefly introduce the concept and characteristics of tourism contracts, as well as the characteristics of tourism contractual obligations and the relationship between them.In the third part of the paper, focuses on the relationship between the mental damages and the breach of contractual obligations tourism damage. First of all, discuss the expected benefits and then analyze the characteristics of that process in the tourism business, and conclude that in the travel area, the mental damage is objective and measurable, and should therefore be compensated. In the fourth part of the paper, mainly give some pieces of advice about the compensation for mental damages in tourism contract. First introduced foreign principal legislative and judicial practice mode, and then considering the existing status of our country's legislative and judicial practice, then made a number of recommendations, such as identify the tourism contract in the contract law, entitle the party (the traveler) in the contract the right of seeking compensation for mental damages, and in the judicial practice, learn the successful experience from the common law and civil law.