The Spirit Of Tourism Breach Of Contract Damages

As the economy develops and the life level be improved,what people chase after is not only materials but also mental enjoyment,and tourism becomes one of the enjoyment.Recently,tuorism industry has been flurishing and has contributed a lot to the GDP,as well as bring a lot of fun to people.While all kinds of problems are springing up with it.When people are enjoying themselves,they are putting more and more emphasis on protecting their rights and benefis.The focus of these problems is the argument on whether to establish the rules of compensation on mental injury in a tourism contract.On one hand,according to the traditional theory, the claim for mental reparation for mental anguish should not be included in a suit for breaking a contract;on the other hand,the issues happened in tourism contract concerning to mental injury are becoming more and more important,there are more and more people advocate to protect mental injury.This paper is trying to analyz the essence of tourism contract and the shortcoming of the traditional theory to give backup to the mental compensation of breaking a tourism contract,and trying to give some ideas to the legislation in China.