Mental Damages For Breach Of Contract Establishment And Qualified

The compensation system for spiritual damage has experienced a gradual and profound development in China, and is heading for its maturity. Legally speaking, spiritual damage is generally resulted from two major causes, that is infringement of right and breach of contract. The spiritual damage caused by right infringement has been specified and regulated by law while the compensation for damage by breach of contract is still lacking in legal regulations, a fact that forced us to encounter two unavoidable issues, i.e. the ever growing spiritual demand of people gives rise to the sharp increase in claims for spiritual damage compensation in civil lawsuits, which in turn resulted in the second issue, i.e. facing such cases, the judge has to create laws to solve the problem. Creating or not the law by the judge himself has led to a severe disconformity in the trial result, which has become an urgent issue for us to deal with.The basic viewpoint of this thesis is that the creation of compensation for spiritual damage by breach of contract is backed up theoretically by law, and the theories against the compensation for spiritual damage in walk of law theory can't constitute any obstacle to its creation. Moreover, in practical situation, the compensation for spiritual damage by breach of contract conforms with the social development and the pursuit of people for spiritual interests. Thus, the compensation for spiritual damage by breach of contract should come into being. Nevertheless, a selected adoption should be applied in the compensation system for spiritual damage by breach of contract, as certain limit is good for its sound development. The compensation for spiritual damage should be limited to the following cases: with severe consequences; with situations foreseeable in the contract; based on the mutual agreement of the contractors; out of minimizing the loss suffered by the other part of the contract, etc.This thesis is illustrating this basic viewpoint by means of the following aspects. Clarify two concepts, i.e. responsibility for the breach of contract and compensation for spiritual damage; Obtain a better understanding of the compensation for spiritual damage in responsibility for breach of contract by comparing laws home and abroad; Development of compensation for spiritual damage by breach of contract in China; Relative theoretical foundation for incorporating compensation for spiritual damage in the system of responsibility for breach of contract; A few sober thoughts on hot discussions about compensation for spiritual damage; A few suggestions of creation of compensation system for spiritual damage; Some limits of the compensation for spiritual damage,etc. Meanwhile, being a judge in a base level people's court, I also put in some of my personal experiences and understandings in this thesis to make the subject more practical and current.