Travel Contract Breach Moral Damage Compensation

China, as a tourist destination, with tourism booming, the contract for travel caused by the inevitable increase in litigation. In the tourist to enjoy the spirit of the contract that is subject to the pursuit of spiritual interests of the contract, the travel agency breach of contract damages caused by the spirit of tourists, travelers can get through the breach of the spirit of complaint for damages caused wide attention from scholars. Generally believed that the victim can only be obtained through the infringement of the spirit of complaint for damages, breach of contract does not exist in the spirit of complaint for damages and breach of contract caused major economic losses, the fact that there is no moral damage. But I believe that the special nature of the contract-in the spirit of enjoyment for the purpose of tourists suffered mental damage because of travel agency breach of contract, not purpose of the contract, the lack of legal protection. This article attempts to comparative analysis of two legal systems in the tourism contract damages for mental attitude, demonstrated the existence in the travel contract and compensation for moral damage need the facts. Therefore, China should support the tourists through the breach of the complaint filed to obtain compensation for moral damage. This article is divided into four sections:Chapter I:Introduction to the world's major countries, the tourism damages the spirit of the contract requirements. Focuses on two legal representatives of countries such as Britain, the United States, Germany, France and other countries in the tourism contract breach damages for mental attitude and the system development process. This study offers hope to learn from.Chapter II:The theory and the related theoretical analysis demonstrates the existence of tourism in the spirit of the contract damages system is reasonable.Chapter III:The moral damage, mental concepts such as analysis of the nature of interest, there are travel contract argument the fact that mental damage, and the scope for mental damages and causation was limited to prevent abuse of breach of contract complaint mental damage.