Breach Of The Moral Damage Compensation System

The compensation for spiritual damages in breach is a hot topic in law circles. Traditionally, only in infringe field does compensation for spiritual damages exist. And suspicion and negation are hold in breach compensation for spiritual damages. This text, combining the current theoretical trends, has illustrated the existence and applicability of compensation for spiritual damages in the liability for breach of contract from the juridical practice.The paper is divided into four parts. First, it gives a brief account of the compensation for spiritual damages in breach, which tells us the implication of spiritual damages and the legal basis of the compensation for spiritual damages in breach. The second part is about the comparative research of the compensation for spiritual damages, what are ruled by the civil law country, the Anglo—American law system country, the international convention and our laws. The result proves the existence of the compensation for spiritual damages in breach. The third part is about the dispute of the compensation for spiritual damages in breach, and it introduces the main views in the theory circles and the central point at issue. On the basis of the analysis about the dispute, it proves on the reverse side that the compensation for spiritual damages in breach is feasible. The last part is about the thinks of some problems of the compensation for spiritual damages in breach. Firstly, it is about three constitute conditions of the compensation for spiritual damages in breach and relations among them. Then the contract ranges of its applicability is concluded, and its meaning of legal is said in this part. The title studies the way to determine the amount of the compensation for spiritual damages in breach, combining with the common ways used in China and foreign countries. At the same time, the title summarizes the usual limits of the compensation for spiritual damages in breach in different countries, and expounds the reasonability of limits. At the end of the title, it studies the present situations of legislation and judicial judicature. Combining with the advanced legislative theory and judicial experience of foreign countries, the title puts forward the legislative and judicial suggests in accordance with current problems that proceeds from the fact of our country.