On The Breach Of Contract Compensation For Moral Damage

According to the traditional theories, the spiritual damages only can be remedied by tort liability, and compensation for spiritual damages belong to the range of tort law, so it could not apply in the contract range. But with the development of society and economy, more and more cases about spiritual compensation for the damages caused by breach of contract have appeared in judicial practices. Many foreign countries and international legal papers have confirmed spiritual compensation under the particular situations for the protection of the legal rights and interest of the victims. However, China has not stipulated the system of the spiritual compensation for the damages caused by the breach of contract. In consideration of this, this article analyzes the relating cases in our country and poses question; analyzes and compares other countries' legislative and judicial experiences of this system and concludes that it is necessary to establish spiritual compensation under contract suit on the bases of referring to the advanced legislative and judicial experiences of foreign countries; analyzes the feasibility of establishing spiritual compensation under contract suit, and at last, concludes that we should establish spiritual compensation under contract suit in our country.This article is divided into the following parts:In the first part, after simply looks back to the system of the spiritual compensation, this article put forward the question through analyzing the representative cases about spiritual compensation under contract suit, that is to say whether we should establish spiritual compensation under contract suit?In the second part, this article introduces and compares the legislation, judicial practices and theory of the system of the foreign countries about the spiritual compensation for the damages caused by the breach of contract.In the third part, this article analyzes the necessity of setting up the system of the spiritual compensation for the damages caused by the breach of contract in our country.In the fourth part, this article analyzes the feasibility of setting up the system of the spiritual compensation for the damages caused by the breach of contract in our country.