On The Breach Of The Spirit Of The System Of Compensation To Establish

As our society developing, human's spirit becomes more and more important in the legal field. In terms of the fundamental legal theory, if one party suffers mental distress due to another's breach of contract, the party has the right to get damages. However, nowadays it's still remaining a controversial question whether people shall get nonpecuniary loss damages in a breach contract suit. The major attitude is still against damages for mental distress in an action ex delicto.The author hereby analyses this question in the following five parts: the practical and theoretical necessity for establishing the legal system of nonpecuniary loss damages for breach contract; the value basis, theoretical foundation and legitimacy of this legal system; the possibility of establishment; the possible problems; and some advices for amendment of our laws and legal regulations. It's hoped that this could be conducive in complementing our legal system.