On The Breach Of Moral Damage Compensation System Of Justice Apply

The mental damage compensation in traditional theory belongs to the Tort Law system, generally providing the relief in Tort. As economy develops, the right of personality has won increasing attention from people, and thus, some behaviors closely related to personal interests start to become the contract objects. Meanwhile, the contracts in pursuing spiritual interests and spiritual pleasure have grown in number.In order to meet with the change of times and the requirement of life, moral damage compensation system is reviewed by national legislation and precedents. Moreover, the theoretical innovation and the accumulated experience in precedents have overcome the limitations of the moral damage compensation system and extended its scope to the contract field. In particular, the amendment and improvement in moral damage compensation system and the theory of competition and cooperation of contractual liability and tort liability in civil law of German and in Taiwan have rendered it possible not to make a difference based on the basic relationship resulting from the mental damage. The theory that ever questioned the moral damage compensation system before can not hold water in real life and the classified contract precedents now.Based on the quotation of general theory of spiritual damage compensation system, this paper has demonstrated the legitimacy of default spiritual damage in China and traced the legal basis of the default spiritual damage compensation with the legal interpertation methods in existing laws. In particular, the author has paid more attention to the empirical analysis of default spiritual damage compensation in chapter three. After the comprehensive survey of the present judicial situation of China, the author has applied and researched two typical cases in default spiritual damage to present study, which are closely related to the personal interests of service for weddings and funerals. In this way, with the combination of advanced cases and processing principles of scholars at home and abroad and the two major laws, the author thus summarizes some typical contracts in order to make them play some referent roles in practice.Therefore, based on the research in previous part, the author has attempted to summarize the restriction principles of application to moral damage compensation system such as the principle of eliminating commercial contract, the principle of predication, the principle of causality,the principle of fault balance and the principle of trivial beyond the law. Of course, when applying this system in practice, the constitutive elements of moral damage compensation system and the weighting factors in confirming the compensation should be deliberated.