Research On Typical Cases In The Compensation For Mental Damage Means Of Relief By Breach Of Contract Of Our Country

The laws in our country have always insisted on means of relief the compensation formental damage by tort, and have the negative attitude to the compensation for mentaldamage means of relief by breach of contract. However, in the judicial practice thecompensation for mental damage caused by the breach of contract increasable. Our lawdoes not clearly defined the compensation for mental damage caused by the breach ofcontract, and there is a big controversy in the academic community where some have thenegative point and some have the positive point, and there are different contractors chaosin the similar cases in the judicial practice.This paper will summary and specific analysis of the compensation for mentaldamage means of relief by breach of contract in theory, legislative and judicial practice. Todiscuss, analysis and sum up the compensation for mental damage means of relief bybreach of contract judgments through combined a large number of specific cases. To sumup the compensation for mental damage means of relief by breach of contract has occurredtyped trends. The author supports the typed trends, and fined the theoretical support bydrawing on the extraterritorial law which positive the compensation for mental damagemeans of relief by breach of contract, combined to the practical need in China to supportthe typed trends in the compensation for mental damage means of relief by breach ofcontract. The author will demonstration and elaborated that the compensation for mentaldamage means of relief by breach of contract should be typed in legislative. Lastly, theauthor will put forward her own typed suggestion.