Mental Compensation In Breach Of Tourist Contract Problem Research

Along with our country economy to develop ahead ceaselessly,social appearan-ce have been changing rapidly. People’s material life becomesrich and colorful.People are no longer satisfied with the material life of the rich,but pay more attention to the spiritual world of their own, begining to pay attention tothe pursuit of the spirit of life satisfaction.Tourism complieswith the development of the times, becoming the important wayof consumption of contemporary people. At the same time, traveldispute is ceaseless emerge in large numbers, tourists oftenin contract action request compensation for mental damage.Thatcauses a great challenge to the mental damage compensation inthe tort law only applied the traditional theory of civil lawin our country. In view of the realistic conflict, the authortakes hold inChina’s economic development background in21century,considering the development status of touristindustry in China, focusing on tourist contact, specific demonstration in our country to establish the spirit damagecompensation in breach of tourist contract system legitimacy,and will construct a detailed theoretical framework.The author mainly elaborates by six parts:in the firstpart,the author focuses on the definition of tourist contactand its four characteristics, strong spiritual attribute ofinterest, overall benefit,special consumption of time and nonsymmetry of tourist informations;in the secend part, theauthor introduces the concepts of mental damage, system processand the relationship between the breach of tourist contract andcompensation for spiritual damage; in the third part, theauthor respectively expounds the establishment of spiritualdamage compensation in breach of tourist contract system offour theoretical basis,then the system has feasibility; in thefourth part, the author elaborates the practicality breach oftourist contract spirit damage compensa-tion system, through a comparative perspective of the two lawsystems on behalf of national legislation, jurisprudenceandtheory. China should absorb the essence, in order to establishspiritual damage compensation in breach of tourist contract system in the legislative form; in the fifth part, the authoranalysis of the legislation of our country, discovering a greatdeal of legislative blank,and from the specific judicialpractice in the original case set, investigating the problemsexisting in the judicial practice; in the sixth part, the authorhas a construction of our country’ s tourist contract defaultcompensation for spiritual damage system frame ofblueprint,concluding the choice of legislation model, statesof four constitutive requirements,perfection of legislation,restrictive conditions of application system and a specificamount of calculation principles and considerations.