The Theoretical Analysis Of The Mental Compensation System For Breach Of Tourism Contract

From nonexistence to existence, a legal system has been a process of continuous development, and so it is probably with spiritual damage compensation system. The system of compensation for spiritual damages is a great creation of law system. It could solve the problems that people have no place to make up their mental loss. It extends the range of civil rights and fully embodies the humanistic solicitude of law. Based on the German Civil Code, the modern system of compensation for spiritual damages was established in many other countries with their own national conditions. While the system of compensation for spiritual damages in most countries can only be applied in the field of tort law. With the vigorous development of the global economy, especially in China, people prefer to go for mental pleasure. Meanwhile, as tourism industry develops rapidly, more and more travel contracts have been breached. The establishment of the system of compensation for spiritual damages is imperative, especially in the current phenomenon that people cannot get the mental damage compensation in the law of contract. Therefore this dissertation will combine with the knowledge of compensation for mental injury and the particularity of the travel contract to think about the disadvantages of the current system. Additionally, based on the domestic and foreign related legislation, it will present an impeccable proposal to play a significant role in law.This paper would be divided into five parts:At the beginning of this paper, it will introduce the particularity of travel contract with general business contract and define the default of travel contract.Moreover, based on many scholars, it would be mentioned the definition of compensation for spiritual damage and the analysis of spiritual damage compensation functions to explain the meaning of the system and prove the application of the breach in travel contract.The third part mainly demonstrates the rationality of establishing the system of compensation for spiritual damage in travel contract from five perspectives.The next part mainly introduces the situation of the domestic and foreign spiritual compensation in travel contract. The foreign one would be summarized from the author between the continental law system and Anglo-American law system. On the other hand, the domestic one would be analysed from the view of the legislative and the judiciary.Last but not the least, depending on the above issues, there are five proposals to establish the system of compensation for spiritual damage in China.