Research On Non-pecuniary Loss Compensation In Breach Of Tourist Contract

The problem of mental injury compensation of breach of contract has always been acontroversial in academia. Theory of China’Civil Law said that the spirit damages appliesonly in tort damages areas, the parties can’t won the mental damage compensation by virtueof breach of contract complaint. Thus, China’s legisilation and judicial practice are not givenadequote protection to tourists when serious mental damage were caused by travel agency.This paper analysis and appraisal the particularity of travel contract and inadequacies oftraditional civil law theory. Study the legislative and judicial practice of other countries. Feelthat breach of the spirit of damages can be applied in tourism contract. And put forward theidea of establishment of tourism spirit of breach of contract damages system. This paper couldbe divided into the following sections;The first part is an introduction, introduce the background, significance, research statusof the topic and the paper’s discusses ideas research methods. The second part is about thedefinition of travel contracts and compensation for moral damage. Analysis the necessity andfeasibility of establish tourism spirit of breach of contract damages system. Demonstrate thatthere is a mature conditions and environment to establish the system. Part three enumerationand analysis the legislative situation of the spirit of the travel contract damages and problemsin judicial practice of China. Introduce the legislation situation of foreign and related areas,summary the enlightenment and reference to our country. Part four is an analysis oftheoretical basis of establish the system. The last part attempt to build that system throughthree aspects, these are the legislative level, technical level and judicial level.