Breach Of Compensation For Moral Damage

"The rule of compensation for mental distress only can exist in the infringement Liability", this once was the theory of many states, but along with economical development, society's progress, material wealth maximum satisfaction, the people become more and more in the mental benefit pursue。Take this into consideration, most nations have made the exception stipulations in it. These nations generally acknowledged: under some specific stipulations, are may and should give the compensation for mental distress caused by the breach of contract .Under the influence of this tendency, the author advocates that we should introduce the content: agrees with current tide, tendency of the law, orientation of the value, and the spirit of the government by law, and proposed the tentative plan of the corresponding system construction.Besides the introduction and conclusion, this article is composed by five parts, about 34000 characters.This article are composed by five parts .In the first part, is mainly the history inspection of compensation for mental distress caused by the breach of contract, and mainly carries on from two parts: one, is the history evolution of compensation for mental distress, another is the expansion of contract. By these proofs, to certain that compensation for mental distress caused by the breach of contract is the legal science development necessity, which indicates the direction for the establishment of compensation for mental distress caused by the breach of contract systemIn the second part, is mainly to the comparison for compensation for mental distress caused by the breach of contract. It divides into three parts: includes the mainland legal system, the British and American legal system and the international legislative documents. In the three parts, we choose the most representative country and the legislative documents to compare, then points out: under some specific situations, are may and should give the compensation for mental distress caused by the breach of contract .This is international tide, which establish a good head for compensation for mental distress caused by the breach of contract.In the third part, is mainly to the debatable analysis for compensation for mental distress caused by the breach of contract, through to the major points which oppose the compensation for mental distress caused by the breach of contract, then carries on the analysis using the legal science theory to analyse these points, thus pointes out these are insufficient to constitute the true barrier and the excuse, which sweeps the path for establishment of compensation for mental distress caused by the breach of contract system.In the fourth part, is mainly to the limit rules for compensation for mental distress caused by the breach of contract. Because of existing some characteristics , such as specific, invisible, subjective and so on, which enables us have to establish some rules to restrict it, through these limit rules , causes us to know it deeper, and have a prevention for "the lawsuit explodes", which lays the deeper foundation for the establishment of compensation for mental distress caused by the breach of contractIn the fifth part, this is the center in this article, is also the goal and foundation for this article, is mainly to the construction and tentative plan of compensation for mental distress caused by the breach of contract in our country. It divides into four parts , that includes these contents: One, the analysis of compensation for mental distress caused by the breach of contract in our country's legal, judicial and academic present situations. Two, the concrete construction for compensation for mental distress caused by the breach of contract in our country .Three, the elaboration of determination principle of liability of compensation for mental distress caused by the breach of contract .Four, the elaboration of compensation principle for compensation for mental distress caused by the breach of contract.