Default Mental Damage Compensation System Research

The current law put the mental damage compensation belong in the tort lawsystem to solve, and the mental damage which caused by breach was compensatedthrough the liability concurrence which set in the article122of the contract law. Withthe development of society, people pay more and more attention to spiritual interests,and the spiritual interests involved in the contract is more appearing, the cases with themental damage caused by breach are emerge in endlessly, our country legal system hasbeen not enough to adjust existing contract areas related to the mental damagecompensation.Throughout the legal system of other countries, they has been more orless to provision the institution of mental compensation by breach, compared with thesecountries, our legal system in this hand is lacking.In view of this, this article through tosome typical case study, we investigate other countries system of default spiritualdamage compensation, analyze the actual condition of our country, and study andiscuss the system of mental damage by breach.In this paper the main content of the text is divided into three parts, about thirtythousand words.The first part of this paper clarifies the related problems of the default spiritualdamage compensation. Firstly, this paper reviewed the related problems of the mentaldamage, compared with pecuniary loss and non-pecuniary loss, and had a simplysummarized on the mental damage compensation.Secondly, analysed some typicalcases of the mental damage compensation problem by default, for these cases of asimple pectination and analyzed, and pose the problems of these cases. Thirdly,summarized the controvesies on established the system of default spiritual damagecompensation, through the analysis of the academic disputes, discussed if our countryshould be established the compensation system for moral damage.The second part make the comparative study of the institution of compensation formental injury by default. Introduced the English law, American law, Germany law, theFrench law and international uniform legislation for the compensation system for moral damage.The third part discusses how to improve the compensation system of moraldamage. Firstly, concluded and analyzed the model of legislation of the compensationsystem for mental damage. Secondly, had a imagination of establishing China’scompensation system for mental damage, recommended to use the"principle-exception" mode, listed and analysed the contrace type which suitable foruse the compensation system for moral damage. Thirdly, discussed how to identify thesituation of compensation for mental damage by default and the number ofcompensation for moral damage.