Research On Problems For Breach Of Contract About Spiritual Damage Compensation

With the improvement of social and strength of, people come to strengthen protective mind about their spiritual benefit, a growing number of breach of contract action for damages caused by mental problems. "Moral damages in tort law can only exist," which was the legislation of many countries, a principle of justice, but with social development and the promotion of human rights protection, the Western countries legislation, jurisprudence and doctrine to varying degrees recognized the spirit of breach of contract damages. Our moral damage compensation system is not perfect, the existing provisions on the premise of moral damage compensation is limited to infringement, Apply for breach of contract does not allow compensation for moral damage. And judicial practice。have proven:breach of contract may have moral damages, while the existing legal system could not protect the people's spiritual well-interest. Therefore, in order to better protect people's spiritual interests of the author based on China's current legislation, the judicial status quo, through a comparative analysis of the world the spirit of damages for breach of contract on the relevant provisions of the proposed request spiritual damages for breach of contract proposals and system design, divided into the following parts:Chapter I of the spirit of the legislation limits the scope of damages for the list, the current fine for breach of contract。God damages the status of judicial practice excerpt, leads to problems.The second Chapter of the civil law, common law damages for breach of the spirit of the analysis, concluded that the existence of the spirit in breach of contract damages, we should go with the trend of the world, certainly the spirit of damages for breach of contract. ChapterⅢthrough the spirit of our breach of contract damages in the legislative and judicial status of the conflict, identify problems, analyze the request for breach of contract to establish our moral damage compensation system of the necessity and importance.Chapter breach of our moral damage compensation system design suggestions and ideas。The author of the request for breach of contract damages for mental grasp of the concepts and features, make the spirit of damages limited to breach of contract type and applicable principles.