A Study On The System Of Compensation For Spiritual Damage In Breach Of Contract In Tourism Contract

With the development of economy in recent years also greatly improve people’s living standard,Of all the material to meet the needs of,Began to pay more attention to spiritual satisfaction and enjoyment.And tourism, as a important way to release the pressure, the entertainment body and mind, begin to be more and more peopletoaccept. The rise of tourism disputes, followed. But the current our country law only support the mental damage compensation in tort,As for the compensation for mental damage of default is no law, Tourists if there are any tour operator for mental injury caused by a breach of contract and the situation, often can’t use the law to safeguard their legitimate rights and interests.This is not only the harm of tourists and steady progress in the way of our tourism industry.Therefore the author thinks that establishing tourism contract breach of mental injury compensation system has important practical significance, And in the article specifically discusses from five aspects: The first part: the overview of tourism spiritual compensation of breach of contract, Including what is the travel contract and its characteristics, mental damage and its characteristic is what. The second part: the continental law system and Anglo-American law system of some representative countries and regions to carry on the analysis, Learning about their tourism contract breach of contract in the law of compensation for mental injury and the case in the experience and draw inspiration.The third part: about the problems of compensation for mental damage of default status quo and analysis.The fourth part: through the necessity and feasibility of two parts to discuss establishing tourism contract system of compensation for mental damage of default.The fifth part: the author from legislative model, constitutive requirements, perfecting the legislation and determine the compensation amount of four aspects, proposed to establish tourism contract breach of its own opinions and ideas of compensation for mental injury.