Discussion Of Default Compensation For Mental Damage

Traditional civil law theory holds that mental damages are dedicated to areas TortLiability Act，liability for breach of contract law area does not include mental damages.However, with the progress of social civilization and the legal concept of enhancement,there is growing attention to protect their own interests in the spiritual realm, which alsoled to more and more to the pursuit of spiritual enjoyment, for the purpose of eliminatingmental anguish contract, breach of v. the moral damage compensation problem isbecoming the focus of attention. Currently, many foreign legislation and internationaldocuments are admitted breach of contract in case of compensation for moral damage,however, the legislation does not establish a breach of moral damage compensation system,in order to fully protect the complaint of breach of contract the injured party in the spirit ofequity, to build our country breach of moral damage compensation system is imperative.This paper is divided into five main parts, the first part of the spirit of damages for breachof conceptual analysis; second part of the common law, civil law and internationallegislative documents from the perspective of comparative law study, and introducedChina’s legislative and judicial status quo; the third part discusses establishing breach ofthe necessity of moral damage compensation system; fourth part of default compensationfor moral damage negation viewpoints assessment; fifth part from a legal basis, theconstituent elements of compensation limit and restrict the scope of the rules Constructionof the four face damages for breach of the spirit of the system are discussed.