An Initial Discussion On The Compensation For Non-property Damage In Breach Of Tourism Contract

Tourism Activities is more and more important in our daily life, the quantities and the kinds of dispute of the tourism contract have mushroomed in China. Among those disputes, non-property damages problems in the tourism contract are controversial. To explore its reason, one reason for it is in the travel contract, tourists suffered from non-property injury problems do exist, and it is numerous, it also become an unavoidable realistic problem; another reason is that the laws and regulations in our country about the issue of non-property injury in the tourism contract is still incomplete. So the main content of the paper is about problems of compensation for non-property damages in the tourism contract, hope to be able to make contribute to establish the system of compensation for non-property damages in the contract in our country.This article consists of three parts altogether.Part one: this part talk about the origin of the compensation of non-property damage in the tourism contract, also talk about academic debate of scholars about the non-property damage compensation theory in the tourism contract. Understanding the background of the problem is the foundation to solve the problem. Then,this part analyze the meaning of the tourism contract, the particularity of the tourism contract, to make a further explaining that it is necessary and reasonable to establish the system of the compensation for non-property injury in tourist contract.The second part:the author analyzes the type of the compensation for non-property damage in the tourism contract. The one is caused by the infringement, the other one is caused by default behavior. The paper also point out that the difference between the two kinds non-property damage is that they damage different legal interests. Then the author discuses how to identify the two mental injury.In the third part: in this part discusses the principle of compensation for mental damage in the tourism contract, then use the comparison method to compare the system about mental damage compensation in tourist contract of other countries and regions. Combined with the particularity of mental damage compensation in the tourism contract, the author finally puts forward a certain method of determining the compensation for mental damage of travel contract in our country.