Probing Into Tourism Mental Compensation For Breach Of Contract

As the economic development and changes in lifestyle, leisure entertainment is also changed, people pay more attention to improve the quality of spirits and spiritual happiness, in their consumption in the process. Tourism as a relaxation enjoy nature of free leisure activities, more and more people love. But at the same time, as the payment for defects of tour operators, travel contract does not aim, personal and property rights of tourists injured, tourists not only failed to achieve a pleasant physical, mental, enjoy the happy journey, pain and bodily and mental harm. And in some special cases, tour operators breach causing subjected to pain and injury on the tourists' spirits, but on their personal rights, property rights and did not suffer damage, at which point tourists can compensation for mental pain require tour operators? this article intends to start with related case, intends to explore ways to resolve travel mental compensation for damages for breach of contract.The first part, first introduces three to involve the traveling breach of contract spirit damage compensate the case, introduced the case and analyzes two legal matters which this article needs to discuss:1st, does the traveling operator should to undertake the spirit damage compensate responsibility to its violation behavior?2nd, why does judge determine the traveling operator to undertake the spirit damage compensate responsibility standard because of its violation behavior? The second part, to the traveling essence, the traveling contract concept and the characteristic, the traveling contract law nature analysis, obtains:The traveling essentially is one kind expends the intellectual and artistic product primarily, cultural content high social activity.The third part, to harms, the spiritual harm, the violation spirit harm limits, and is clear about the full text the universe of discourse.Through the analysis this article case spirit damage compensate question three kind of shapes, are clear about this article to study are some behavior do not constitute the abuse of authority, but constituted the violation behavior actually, the litigant has suffered in the spiritual harm situation spirit damage compensate question.The fourth part, has carried on the analysis to the spiritual compensation system establishment reason and the value, the spirit damage compensate is the humanity to own value profound understanding and the respect, the definitely violation sues the definitely violation sues the spirit to harm the compensation to be able to manifest the law to human's concern.The fifth part, through to the traveling contract in two kind of situation spirit damage compensates, namely the violation responsibility and the right infringement responsibility competes the originally spirit damage compensate and breaks a contract in the responsibility spirit damage compensate analysis, proposed separately solves the question method:1st, the responsibility competes the originally non-property damage compensate, the choice is suitable the violation to sue perhaps suing of the right infringement; 2nd, in the violation responsibility non-property damage compensate, should give should give the non-property damage compensate request power which the violation sues.The sixth part, research conclusion.To the domestic and foreign related spirit damage compensate legislation present situation, the theory and the related case reorganization analysis, puts forward own two proposals:1st, legislates additionally builds the traveling contract unique seal, and determines the traveling contract the spirit damage compensate request power; 2nd, in the judicial practice, profits from the Taiwan area civil law and the British and American legal system success experience, to creates the tourist personality power damage truly, or its personality power has not received harms, but the contract goal serious does not reach, should permit compensates its spiritual harm; But only has the slight plot to other some, does not give the compensation.