Breach Of The Moral Damage Compensation System

Along with the more and more lawsuit of compensation for moral damage in breach of contract in judicial practice,the issue that if compensation for moral damage can be established in breach of conteact ,gradually cause the concern and the controversy. Traditional civil law theory consider that the compensation for moral damage only can be exist in tort liability. It also keep negative and suspected attitude to the compensation for moral damage in breach of contract. The author will through the perspective with our country's legislative and judicial status,by comparative analysising the relevant provisions of the compensation for moral damage in breach of contract in other countries in the world,and raise that the compensation for moral damage can exsit in breach of contract.Then,explore the basic of compensation for moral damage in breach of contract,analyse and refute the viewpoints those who hold to object the compensation for moral damage in breach of contract.Finally,The author will propose the system design of he compensation for moral damage in breach of contract in our country. This article includes four parts.The first part, Pointed out that the missing of the compensation for moral damage in breach of contract China's legislation,thus cause the embarrassment that how to define the compensation for moral damage in breach of contract in judicial practice.then,list some cases about the compensation for moral damage in breach of contract to illustrate that breach of contract can cause moral damage,even great moral damage. In order to adapt to the required in judicial practice,should be quickly set up the system of the compensation for moral damage in breach of contract in China's legal.The second part, make a introduction and analysis to the relevant provisions in Civil Law and Anglo-American Law and some international treaties. And found it has become the mainstream of the world trend that compensation for moral damage can be existing in breach of contract. This is also providing a good reference to establish the compensation for moral damage in breach of contract in our country.The third part, first, try to elaborate and determine the foundation and theoretical basis of the compensation for moral damage in breach of contract. Including legal basis,historical necessity,the principle of full compensation,equity,justice and so on. And then refute the viewpoints those who hold to object the compensation for moral damage in breach of contract, and pointed out the viewpoints less than believed. Thus argues that our country to establish the system of the compensation for moral damage in breach of contract is feasible.The fourth part,propose a series of rules and methods for the construction of China's system of compensation for moral damage in breach of contract,Including the elements of the compensation for moral damage in breach of contract,the ways to determine the amount of the compensation for moral damage in breach of contract and the specific applicable rules of the compensation for moral damage in breach of contract.