Tourist Contract Breach Of Mental Compensation

With the tourism breach of contract caused moral damage compensation issues have become increasingly prominent; theory and judicial practice have been widely concerned about this issue. But whether it can be used as a relief of a liability for breach of the conditions of the spirit of damages, compensation for mental damage standard how sure has different understanding mental damages. Study the issue in this context it is necessary to improve the system of compensation for moral damage and has important practical significance:first, is to promote judicial reunification, and safeguarding the legal authority necessary. Second, is to strengthen the legal protection of tourists necessary to achieve social fairness and justice. Third, the inhibition of malicious breach of contract, and promote the healthy development of the tourism industry.This study is intended to a narrow conception of the travel contract, referring to the tourists in order to obtain specific spiritual interests and participate in the organization of tourism business tourism activities and tourism business to pay the travel costs of contract. The definition in recognition of the tourists and the purpose of the contract, its contract with the performance of the process of transporting, trading is not for the purpose of to obtain spiritual interests directly distinguish. Package tour contract is limited to general said the travel contract, and travel contract to be a clear expression of the spiritual interests of property has as a purpose of the contract. First, through the analysis of the concept and characteristics of the travel contract, pointing out that the special nature of the travel contract. Secondly, the special nature of the damages in breach of the spirit of the problem on the basis of theoretical and travel contract breach mental damages, through the use of comparative law investigation, comparison and our judicial jurisprudence analysis of the current doctrine reveals the travel contract breach indisputable point where the spirit of the damages issue. Third, the based on the legitimacy of moral damage compensation for breach of contract of travel to make a positive elaboration, and finally, the constituent elements of the responsibility to make their own new ideas.