| Mental injury will happen probably in infringement or breach of contract case.sometimes itt will induce very terrible consequences to the compliance side . Toward mental injury broken by breach of contact, it shall not be compensated generally, because purpose of contact is for property behalf. Toward mental injury in cooperation-competition of the claims of contracts' breach and infringement circumstance, it must be relieved by action of infringement, so it doesn't accord convenient principle of litigation. For single mental injury of infringement in some circumstance (breach of contract but not infringement), if it doesn't give relief entirely, it will not accord justice principle. Therefore, compensation system of mental injury of contract's breach should be established, so that it will be relieved directly by action of breach of contract toward mental injury in cooperation-competition of the claims of contracts' breach and infringement circumstance as well as given mental injury broken by breach of contract. Meanwhile, it is necessary to classify given mental injury broken by breach of contract, and it should confirm the scope and amount of mental injury compensation of breach of contract by apply rule of restriction to balance the party behalf. This article analyse the concept of compensation for moral damage, the cause of the responsibility for breach of contract damages constitute compensation, and internal causes damages on the breach of the spirit of comparative analysis of typical cases inculde the well-known scholars about the spirit of damages on the breach of contract theory of dialectical analysis .Then sum up the necessity and the importance about establishing the system of mental injury compensation of breach of contract.damages for breach of the spirit At last a number of system such as the legal basis, scope of application, the responsibility of composition, compensation, and limit the scope of the rules have been set This paper is divided into four parts:...
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