Funeral Ashes Missing Civil Liability Analysis

Funeral home loss of the ashes of the frequent cases nationwide, due to theparticularity of case mark caused social public attention on it. This article obtains fromthe three typical cases, which leads to the nature of civil liability of the legal analysis ofashes for funeral home loss, how to choose between the liability for breach of contractand tort liability, especially discusses the compensation for mental damage of defaultcan be recognized. In the process, through to the national legislation graduallydeveloped in the field of compensation for mental injury liability for breach of contractis introduced, and the theoretical analysis of different views on this issue, it is concludedthat the following views: some civil law countries have already broken to mentaldamage compensation in tort liability limitation, while common law countries expressedsupport for it in the judicial practice, our country has not approved compensation formental damage of default from the legislation, judicial practice in such cases, the judgecases caused by the lack of legal basis of final judgment is not standard. In this kind ofspecial contract dispute, once the default situation, will inevitably lead to mental injury,if refused, clearly limits the free choice of the dead relatives, whether the law shouldgive the victim relief of compensation for mental injury in certain mental injury underthe objective conditions for the existence of the facts, rather than just on the basis ofinfringement or breach of contract.therefore, the author agrees with limited to allow insupport of mental damage compensation liability for breach of contract, the applicablecontrol within a certain range, so as to avoid excessive used affect the contractingenvironment, in order to better protect the lawful rights and interests of the parties to theimplementation of the system.