The Default Compensation On Spiritual Damages-the Disputes Of A Contract In A Lawsuit Of Zhou Mingjia And MaLi Etc. The Photography And Recording Services

According to The Contract Law of The people Republic of China, the existenceof the liability to "a compensation regards assaultive offenses one’s spiritual state" isthe one of many arguments between the tort or breach. The compensation liabilityof assaultive offenses one in spiritually is not standing supportively base upon theChinese Constitutions. The tort however would eventually define the liability in theclosing sentence if a spiritual assaultive offense is regarded its codes of Law ofContract. The spiritual damages in a committed agreement is tend to be increasedinevitable in practically. Ever since, the controversy about the liability to thespiritual offenses’ compensation has become such an attractive consideration to all ofthe juridical researchers. The theory of supporting the liability of compensation forassaultive offenses one’s spiritual state has been polarized. In my arguments in thispaper, to protect the rights of each disputant parties is a preliminary condition toimprove our constitution codes’ definition on spiritual interests; moreover, the rightsof obtaining a compensation from a spiritual damages for a contract observant party isindispensable and should be emphasized.A practical case and its judgment will be given in this paper, the main focuscontroversies regarding the case would be explain in detail. Via the research upon theComparative Law to the compensation to the damages of one’s spiritual state, and thereferences cited from the jurisprudence of Britain and US. Notwithstanding most ofthe countries are not approve the compensations base on the senses and its principles,the exceptions are ensure the compensation on spiritual damages in certain policies. The article is analytical approach via the first and second instances, and thereferences according to the constitution rules and its judicial circumstances in theComparative Jurisprudence. The given rights of options in breach and tort fordisputants was avoided in the first instance, and the dispute was not solved. Eventhought the "Three Options" was approved on the second instance, the Theory ofLiability Contradiction is inevitable violated; in additionally, the right of requestingwas not found supportively in the codes and its rules.Under the frame of the constitutional jurisprudence of China, The spirit in theconstitutional code#113in The Law of Contract should be applied. The senses mustbe informed as an agreement which is acknowledged via the disputants in both parties.The principles of honesty and faith and its applications should be applied wheneverthe liability contradiction involved into an action which cause a spiritual damage ofones, and its negative suspected as tort. The "casualty" in the Contract Law shouldbe included the damage in spiritually of one’s via the characterization in the goal ofexpanded; Thus, a litigation regards the default of a contract should be approved viceversa.The subsection in this paper also include the analysis to the requirements of aspiritual damage’s compensation report. Conciliation but not compensation is anecessarily requirement to be into a dominate position regards a case of assaultiveoffenses one’s spiritual state. The principles on right of discretions should beapproved to the judge in senses, the financial amount of compensation in diverselawsuits should be accurate into specific in differently.