On The Breach Of Contract And Compensation For Moral Damage

In the civil liability domain use the violation responsibility and the right infringement responsibility dual division for a long time. The logically coherent argument believed that, take manifests the material content in the tradition as the goal contract, the violation responsibility compensation scope including the spiritual harm, the spirit damage compensate generally does not solve by the right infringement responsibility. Truly, competed in the past through the responsibility gathers may solve the part violation spirit harm problem. This article believe emerged in economy rapid development ,take the energetic benefit as the contract goal contract. Only depends on the responsibility to compete discusses reasonably solves these special contracts, cannot satisfy the social development in the protection violation victim's energetic benefit the new need. Therefore, the spirit damage compensate due payment enters to the violation responsibility in.This article was divided into four parts. The first part, the violation spirit damage compensate implication, the characteristic as well as the traditional dual division limitation, had pointed out the violation spirit harm is in sole possession of characteristic. The violation responsibility and the right infringement responsibility dual division has the flaw in the spirit damage compensate aspect: first, violations and the right infringement all possibly create the spiritual harm, takes one independent civil liability form, the spirit damage compensate both suitable may use in infringing upon the right the responsibility and to be possible to be suitable for the violation responsibility. second, responsibilities compete reasonably discuss the spiritual harm aspect which causes in the adjustment violation to exist cannot protect fully abide by the side lawful right situation.The second part, the spiritual harm relief present situation which causes to the violation carries on the analysis. Competes in the spiritual harm from the responsibility which reasonable view entire violation causes to look, because the violation responsibility and the right infringement responsibility are turning over to the responsibility principle, to present evidence the responsibility, the limitation of action, the lawsuit jurisdiction and so on many aspects have the difference, chooses the different lawsuit to be able to affect litigant's rights and obligations enormously. The article through enumerated causes the social universal attention representative case from 1998 to 2007 to explain. Through these cases explained present some special types the contract already not merely paused in "Law of contract" formulates the material interest, the contract appeared the material interest and the energetic benefit at the same time, even some time litigant has gone far beyond the material interest to the energetic benefit attention. Therefore, competes in the responsibility depends on the right infringement to sue protects the spiritual harm which the litigant suffers is not originally the best choice, even is unable to achieve the full maintenance to abide by the side benefit. Moreover, in economical rapid development today, the responsibility competes gathers cannot follow the economical development. Many contract contents manifest the energetic benefit, the contract goal pursue spirit enjoy. The responsibility competed gathers abided by a side time in the protection had the idle operation situation. Therefore the victim suffers the spiritual harm cannot obtain the compensation, appears the legal existence right protection blind spot. As a result of does not have the legal explicit stipulation, but the real life has the massive violations to create other people spirit damage compensate the case, causes each local court in to be suitable time the law is at a loss how to proceed.The third part, through the violation spirit damage compensate system comparison test analysis, to the British and American legal system (England, US), the mainland legal system (France, Germany), "International Trading Contract General rule" stipulated the situation has conducted the comparison research, because definitely these countries acknowledge regarding the special type contract break a contract cause the spiritual harm. The analysis obtains conclusion:1st, the violation creates the spiritual harm is not the accidental phenomenon;2nd, the court sued in the violation sentences the spiritual harm indemnity contract has all involved victim's energetic benefit for the victim, and broke a contract has the possibility to create opposing party's spiritual harm;3rd, the various countries' court all gives the relief to the specific case;4th, the value which manifests in these decisions is to the human the respect and the realization to human's concern. Thought our country should profit from the overseas experience, with the international legislation trail connection, definitely breaks a contract the spirit damage compensate which causes, in order to safeguard human's energetic benefit fully.The fourth part, the violation spirit damage compensate system establishment rationality carries on the analysis and suggestion about this system construction. through the explanation take the energetic benefit which produces as a result of the economy rapid development as the item type contract massive appearances. So suitable the spirit damage compensate to some type contract is necessary. Because this system establishment will increase the violation side cost, causes the both parties to be able to treat the contract discretely. May prevent the efficiency violation effectively. As well as the violation spirit damage compensate system establishment is advantageous in consummates our country's contract system and so on to come to indicate this system fully the rationality. Finally, through the elaboration violation spirit damage compensate suitable principle, the applicable scope and the constitution important document puts forward the proposal to this system establishment.