Liability For Breach Of Contract, Compensation For Moral Damage Problem

No matter legislation, nevertheless jurisdiction practice, spirit damages compensation only is applicable to tort, it isn't applicable to break of contract according to civil law theory, tort and liability of break of contract can all involve to damages compensation, tort damages aftermath include property damages and spirit damages, property damages refer to property reduction and loss of future benefit; spirit damages refer to spirit suffering and body suffering, mean loss of spirit right and benefit, damages compensation is compensation for property and spirit. Tort include spirit compensation, this is consensus in theory circles and practice circles, but break of contract mean party of break of contract undertake damage compensation liability according to law or contract stipulation because party of break of contract don't perform contractual debt and form loss to opposite side, break of contract probaly form spirit and psychology damage to party of nobreak of contract, leading to mood depression, feeling Sarrow, thought despondency, determination despair, even slight wound or suicide to party, and so on, essence of spirit damage compensation is compensative necessity for loss of spirit right or benefit, liability for tort and liability to break of contract are two juxtaposition system of liability, now that liability for tort include the spirit damage compensation, why didn't liability to break of contract include spirit damage compensation?Party of break of contract don't dare to break contract randomly because demand of spirit damage compensation, thus it can promote trade, benefit of victim acquire legal safeguard because can obtain spirit damage compensation, thereyby he is willing to sign the contract, and encourage trade. in addition, if liability to break of contract don't include spirit damage compensation, victim don't advocate the lawsuit of tort to spirit damage compensation by concurrence of liability when break of contract form spirit damage and it don't form tort, thus this often don't protect rights and interests of victim.On the basis of these understanding, author think eminating spirit damage compensation in break of contract get nowhere in theory and there is abuse in practice. So liability to break of contract should include spirit damage compensation, it have importan signifcance for protecting befefit of victim, avoiding trade risk and protecting human rights.