Research On Mental Compensation In Breach Of Tourist Contract Problem

China’s high-speed economic growth calls for a society of rapid change,he material life level and the spiritual civilization horizontal synchronization enhances, people’s value idea and the life idea progress, and life of the diversity that people do not simply to meet the high standard of living of the rich, and gradually have the time and money turning to the quest for spiritual world, thus sought the inner world satisfying, now in the society appears "leaves country swims the heat", "the gold week traveling heat" and so on the social phenomena represents the traveling culture achievement one new life style to rise, already became each age level the modern people cherished expense activity. Because the traveling profession development is late, the corresponding system and the Uygur power consciousness vacancy has caused the more and more many contract dispute, but travels the contract goal particularity also to cause the litigant in the lawsuit process to request the spirit damage compensate the case are more and more many, but our country tradition civil law theory stipulates only then the right infringement domain to be able to be suitable the spirit damage compensate, therefore, has received the very big challenge. In view of this kind of contradiction which appears, author anew century time characteristic obtaining, has emphatically analyzed the present our country traveling profession background and the present situation, will travel the contract to take the research spot, had pointed out explicitly will introduce the spirit damage compensate the breach of contract domain the necessity as well as the validity, and has carried on the elaboration and the explanation on its theory.This article mainly elaborated four parts:Thus the first part is through draws out the traveling contract to the former case introduction the violation spirit damage compensate concept, and aims at the correlation the legal rule to carry on the brief analysis; The second part introduced the traveling contract definition and the main characteristic with emphasis, thus draws out the spirit damage compensate the concept, and has carried on the detailed elaboration on its main characteristic; The third part has carried on the inspection from the comparison test angle to the traveling breach of contract spirit damage compensate legal framework; The fourth part, "on the Trial Travel Cases Applicable Law Regulations on Certain Issues" articles three is analyzed from two aspects of property damage and mental damage.