The Research Of Mental Damages In Breach Of Contact

Civil liability for damages is divided into physical and mental damages. Mental damages liability, depending on the damage caused by mental causes can be divided into tort damages for mental and spiritual damages for breach of contract. The former refers to the act because of mental damage caused by the infringement of others, the latter refers to the party because of breach of contract and damages caused by the non-defaulting party spirit. The spirit of civil liability for damages as an independent responsibility, not only in tort environment, it is also likely to occur in the course of the contract situation, China is determined spirit of the law tort damages, and damages for breach of the spirit is no any clearly defined, which is obviously undesirable jurisprudence. Since the spiritual significance of damages is that mental activity when civil subjects received damage, you can request compensation for the property, because it happened in the end is a tort or breach of contract, then do not ask.Examine our existing theoretical doctrine circles, most scholars have opposed liquidated damages regime spiritual point of view, and put forward their own views, such as personality commercialization, contrary to the principles of predictability, mental damage can not be quantified, the judge discretion increases, competing responsibilities that breach the spirit of punitive and other damages. These doctrines have a dominant position in a period of time, so many people are convinced of the need for moral damage compensation system does not breach established. However, after careful analysis, standing rational and scientific point of view, we can not help but to the contrary, these doctrines own flaws and regret.At this point, we should be able to see the establishment of an imminent breach of moral damage compensation system, but before we are more severe and difficult issue is the concept of breach of legislation for moral damage compensation system, which is a system of care and attention to detail but also topics this paper will focus on this discussion.The article about the content of the compensation system damage is from four mental representations default. The first is a basic breach of contract damages for mental introduction, the main definition, characteristics and the need for analysis; second is the legislative status and theory expounded China’s current predicament damages for breach of the spirit, you can get to the conclusion that our current compensation for moral damage breach legally described as a blank, but in academia, most scholars have strongly opposed liquidated damages regime established spiritual perspective; then I will introduce legislation before the typical foreign countries, by way of comparison, from which to extract the Enlightenment to China; Finally, there is the focus of the article, namely the establishment of damages for breach of the spirit of the actual system operation, including legislative attitude choice, legislation to establish the principles, scope, Elements and specific means to quantify the amount.Through the above analysis, the formation of basic shape of liquidated damages for mental institution established to meet the needs of social life, improve the socialist legal system in China.