Research On The Non-pecuniary Loss Compensation Caused By Breach Of Tourist Contract

Non-pecuniary loss compensation is a long-established controversial topic. The domestic scholars have maken discussions about it, but a few of them were made in the context of the specific tourist contract or were mixed with the individual case analyses. In addition, there is less profound research on the tourist contract in the theory of China, to a certain extent which restricts the deep research on the non-pecuniary loss compensation caused by breach of tourist contract. Today, traveling is more and more frequent in the people's daily life. Accordingly, much trouble comes out when traveling, and the subsequent disputes also increasingly emerge in the judicial practices. The tourist contract targets the substance in spirit. Hereby, it is incongruous that travelers are not entitled to the rights of the non-pecuniary loss compensation in the legislative and judicial fields in breach of contract.The article elaborates the connotation of the non-pecuniary loss with two methods of the theoretic analysis and the comparative research. The author thinks that"the non-pecuniary loss"includes all losses apart from the ones related to the money or the possession. It sounds better than the spiritual damages because it not only covers the meaning of the latter but also more conveniently takes the concept like time loss into the consideration in practice. Followed by the analysis to the tourist contract and its characters in law, the author in the second part draws a conclusion that the tourist contract is a new kind of comprehensive service-oriented contracts and it mainly intends to cater for travelers'benefits in spirit. Further, it analyses two situations which non-pecuniary loss may take place in the tourist contract. That is, non-pecuniary loss in coincidental liabilities and non-pecuniary loss in breach of contract. With references of the legislation and practices at home and abroad, the author finds that many countries begins to notice and think if it is possible to introduce the non-pecuniary loss compensation in breach of contract. And now they have ranked it into the lawsuit of breach so as to provide relief for travelers. In china, there exist some disputes and thus no relevant provisions in the academic circles with regard to the non-pecuniary loss compensation in breach of contract. This will conduce to the expansion of judges'arbitration in the cases of tourist contract related to the non-pecuniary loss compensation. In light of the foregoing mention, the author explains the necessity and feasibility of establishing the non-pecuniary loss compensation in breach of tourist contract in China, and at last probes into some difficulties in the construction of this system.