Research On Claim For Spiritual Damage By Breach Of Travel Contract

Claim for spiritual damage by breach of contract has always been argued in the academic world. The dominant ideology figures that the claims of spiritual damages can only be applicable to the tort area, the party can't acquire claims by plea of illegality. Thus, when the travel agency has broken the contract and caused the traveler seriously spiritual damage, the legislation and juridical practice of our country couldn't offer fully protection. By analyzing specialties of travel contract, demonstrating the necessity and feasibility of claim on spiritual damage by breach of travel contract, simultaneously, consulting the foreign legislation and cases; consummating the system of claim for spiritual damage by breach of travel contract. The body of this article is divided into four parts, as follows:The fist part focuses on the concepts of travel contract and claim for spiritual damage by breach of contract, demonstrate the necessity and feasibility of claim on spiritual damage by breach of travel contract, we have the mature condition to establish it.The second part introduces the foreign legislations and cases, summarize the inspiration to our legislation: firstly, we should admit the system of claim for spiritual damage by breach of travel contract towards legislation; secondly, we should place restrictions on its component and scope; thirdly, we can use various kinds of computing methods.The third part list and analyze the existing problems of our legislation and juridical practice, sum up the reason that occur them. The going legislation still is blank; therefore, the judge's discretionary power has been excessive, the same cases have different judgments.The fourth part focuses on the perfection of legislation and juridical practice of our country. Legislative aspects: add the travel contact and Claim for spiritual damage by breach of contract; technical aspects: define the component and the duty of subjects exactly; restrict the principle and standard of computation. Juridical aspects: restrict the judge's discretionary power, use the doctrine of presumptive and reverse onus in judicial actions.