Spiritual Distress Compensation System For Breach Of Tourism Contract

In recent years, China’s tourism industry has developed rapidly, people’s spirituallife level greatly improve, at the same time appear a lot of compensation for mentalinjury caused by tourism operators default action. In the judicial practice in ourcountry, for the travel contract violations can apply moral damage compensation is notclear, it has a serious impact on the impartiality of the law, leading to the rights andinterests of tourists can’t get good protection. This paper attempts to analyze travelclassic cases of breach of contract, on the basis of the analysis we know that thetourism contract liability for breach of mental damage compensation is necessary andfeasible. Our country should establish the travel contract spirit damage compensationsystem, and in this paper there some concrete operation method to be put forward.This paper mainly consists of the following several parts:The first chapter introduce our country travel contract legislation status ofcompensation for mental damage of default. By analyzing the general principles of thecivil law, contract law, consumer rights and interests protection law and relatedregulations and judicial interpretations of the rules of the mental damagecompensation, at the same time the analyze of the judicial practice of the classic case,we found that in our country judicial trial results of compensation for mental damageof default about the travel contract is not unified, and it caused a lot of disadvantages,which lead to the topic of this paper.The second chapter, firstly, we expound the tourism, tourist contract and itsparticularity, the essence of the tourism contract is a kind of spirit consumption, andfor tourists, the both sides information is asymmetrical. On the basis of this, we givethe following five aspects to illustrate that it is necessary to support the compensationfor mental injury tourism contract breach of contract: The essence of the tourismcontract, fairness and justice, the comparison of breach of contract and tort, travelcontract properties of spirit and improving the efficiency of lawsuit.The third chapter from the aspects of the judicial practice and judicialinterpretation in our country and abroad demonstrates the feasibility of the travelcontract compensation for mental damage of default. According to travel abroad fordamages of breach of contract of the relevant legislation and case, can find a lot ofcountries have be relieved by default compensation cases, the spirit of our domestic also have some support contract when the judge in the case of compensation formental damage of default cases.The fourth chapter puts forward the concrete operation way of compensation formental injury tourism contract breach of contract. On the one hand, this paperexpounds the tourism contract meet the requirements of compensation for mentaldamage of default; On the other hand, the tourism contract breach from the scope ofcompensation for mental injury compensation operation Suggestions and methods. Onthe one hand, this paper expounds the tourism contract breach of contract is acondition of mental injury; On the other hand, this paper put forward some concreteoperation method for the Compensation for mental injury of tourism contract breach.