On The Breach Of Contract Compensation For Moral Damage

With the improvement of social civilization and strength of lawideation, people come to strengthen protective mind about their spiritual benefit and attachimportanceto pursuit of value, dignity and safety of their own, With the result that mental damage compensation become the local point. Mental damage compensation is possible in theory and practice, The Supreme Court announounced the Explanation about Determination to Mental Damage Compensation on March 10, 2001 regulates the specific cases that can get mental damage compensation, our country has built primary mental damage compensation system, which incomplete confined by the background of legislation and the theory of civil law. The current legislation and legal explanation settle mental damage compensation issues occurred mainly in the right-and-interest infraction areas, which exclude contracts.So the paper is based on basic theories of civil law and present law rules, deeply studies the important foundations and rationality of "establishing the mental damage compensation system caused by the breach of contract", tries to find some rules to establish the mental damage compensation system caused by the breach of contract. The paper is divided into the following parts.In the first part, the author of the paper summaries the legislation, judicial administration and the theory on mental damage compensation caused by the breach of contract. The author finds that judicial cases have admitted the mental damage compensation caused by the breach of contract.In the second part, the author of the paper studies the legislation, judicial administration and the theory on mental damage compensation caused by the breach of contract in foreign countries. These countries denied the mental damage compensation system caused by the breach of contract at first, and they accepted the mental damage compensation system caused by the breach of contract after some time.In the third part, the author of the paper analyzes the foundations and importance of "establishing the mental damage compensation system caused by the breach of contract". The author holds that the mental damage compensation caused by the breach of contract lies in the objective fact, and the party that suffered the damage should gain compensation.Mental damage may not necessarily results from the right-and-interest infraction.In some special contracts such as traveling, service for wedding and so on, the party that infracted the contract may cause the opposite party to suffer the damage, and the party that suffered the damage should gain compensation.In the fourth part, the author of the paper analyzes the possibility, rationality and the conquering of some difficulties of "establishing the mental damage compensation system caused by the breach of contract". The author proposes the principle of entire compensation serves as the principle foundation for mental damage compensation system caused by the breach of contract, holds that with the support of predictable norms, mental damage compensation caused by the breach of contract is practicable.In the fifth part, the author of the paper puts forward a series of principles and rules of "establishing the mental damage compensation system caused by the breach of contract", including the specific cases, the system foundation and so on.