Research Of Default Compensation For Mental Damage

In recent years, with the augmentation of the citizens’ legal consciousness, in order to adapt to the trend of international human rights protection, improve the system of mental damage compensation requirements. As a carrier of the spirit benefits and the relationship between human beings more and more involved in many areas of the law system. Default field whether the spiritual damage should be given compensation become one of the topics of the theoretical circle of law debate. Traditional theory circle does not admit the existence of the compensation for mental damage of default, the default domain in case of serious mental damage compensation, the judicial process is usually to be interpreted in the field of tort relief way. Though the supreme law stipulated in the civil tort in China on mental damage compensation applicable scope, but there is a question. Argument realization of compensation for mental damage of default system in our country have to existing mechanisms and atmosphere, establishing the system of compensation for mental damage of default is of great significance for safeguarding the rights and interests of the parties to a contract. Full text includes introduction, text and epilogue, is divided into the following parts:for the corresponding theory to understand the meaning of mental injury, and then from the legal provisions of the rules of the liability for breach of contract, it is concluded that the meaning of compensation for mental damage of default. Classifying the domestic theory, it is concluded that the author is sure the existence of the compensation for mental damage of default and the necessity of implementation. Secondly, the author investigates foreign law of compensation for mental damage of default, respectively from the aspects of legislation, judicial precedent system analyzed, against default in the field of the application of the mental damage compensation problems, such as legislative model different, applicable scope, applicable rules of cases, etc., expounds the various foreign law by means of comparison of different problems exist processing mode which accords with the situation of China. On the basis of the evaluation and reference to foreign law legislation, build a reasonable system in this system in our country. Through the comparison of foreign law, combining with the related legislation in our country, has been clear about the our country spirit damage compensation for breach and has no statutory provisions. From many judicial case processing, in the judicial practice of special circumstances, such as tourism transportation contract dispute, cosmetic contract disputes, contract disputes, wedding services and other types of contract disputes were analyzed. For the use of default compensation for mental damage in the process of the defective problems, needs to be fastidious.Finally the author respectively in the second chapter, application of foreign law for our country’s problems, the third chapter in terms of the overall train of thought, in the fourth chapter puts forward the solving strategy matching. Around to establish reasonable and feasible system of compensation for mental damage of default, proposed in view of the legislative system of China’s national conditions, applicable principle, constitutive requirements and precise calculation.