Research On The System Of Compensation For Moral Damage In Breach Of Travel Contract

The traditional Civil Law research argues that it is unreasonable to makecompensation for spiritual damage in cases of the suit against the breach of the contract,while there are some different viewpoints in foreign countries both in theory circle andpractice circle on this matter. Generally speaking, the conventional wisdom of thelawmakers and judicial cycles, including the theory of law in China all argue that thissituation is not allowed to make compensation for spiritual damage in cases of the suitagainst the breach of the contract. Regulations of supreme people’s court on questionsrelating to articles governing civil disputes of the civil cases related to tourism wascarried out in1th,November,2010. It is vital for solving the disputes in the civil casesrelated to tourism. Article21of this regulation denied the traveler’s right to initiatelegal proceedings against the breach of the contract in purpose to get compensations.When the party in breach brings some indirectly infringements to the traveler, thetraveler may get into an awkward position because that regulation stipulates the injuredtraveler have no right to seek compensation of the spiritual damage. This regulationleads to the traveler have no right to claim makes them fell sorrow. In the practice oflaw, it is difficult to get support from the judge on the request to seek compensation forthe spiritual damage. The purpose of travel contract is to meet the need of spirit, whilethe article21of the regulation is go against this purpose.Based on the modern legal theory and the practice of law, including a comparativestudy on remedies for breach the contract in foreign countries, the author think that it isreasonable and legal to seek compensation for the spiritual damage from the point ofillegal contract. Furthermore, the author also put forward a system to design a legalsystem structure on compensation for the spiritual damage, which will strengthenprotection on the travelers, and find a scientific and rational system to solve the disputesand provide some theory support on the legislation work in the field of tourism infuture.The main structure of this paper can be divided into four parts. The first partintroduces the basic theory of compensation for moral damage in breach of travel contract; The second section focus on a study from the Comparative perspective relatedto the breach of contract on mental compensation, including the theory support and thehistory of the development related to compensation for spiritual damage; Part three isthe necessary and feasible analysis about establishing the breach of travel contract moraldamage compensation system; Based on the conclusion of the three parts, the last partput forward some suggestions on constructing the system of compensation on mentaldamage for breach of tourism contract.