Research On Mental Damage Compensation For The Breach Of Travel Contract

Tourism is an important part of the third industry and is one of the fastest growing new industries in the world, known as the sunrise industry. With the progress of the society and the development of the economy, Chinese residents have a lot of leisure time and disposable income, so more and more ordinary people choose travel to relax and recreate. At the same time, travel contract disputes increase rapidly, many of which involving compensation for mental damage. At the present China, the claim of mental damage compensation can not be supported by the judge by plea of illegality. The author argues this practice is not only unconducive to the protection of the rights and interests of tourists, but also unconducive to the healthy development of the tourism industry. In this thesis, the author suggests mental damage compensation system in the breach of travel contract should be set up. This article argues mainly from the following several parts.The first part defines the concept of travel contract and mental damage to direct the future research. Point out the travel contract has its own special features, besides the general ones, so needing special protection by law. Discuss the functions of mental damage compensation detailedly to provide theoretical basis for the scope and amount of mental damage compensation which will be discussed in the following.The second part points out the present situation and existing problems of the mental damage compensation for breach of travel contract in China. By analyzing explain the regulation that mental damage compensation for the breach of travel contract can’t be supported is not applicable in current China. Show the necessity and urgency of setting up the system of mental damage compensation for the breach of travel contract.The third part selects several representative countries and Taiwan and analyze the current situation of mental damage compensation for the breach of travel contract. Point out that it is the trend of world to give victim mental damage compensation in some cases of breach of special contracts and hope to provide references to China.The forth part puts forward the construction of the system of mental damage compensation for breach of travel contract. Point out the causes of construction through analyzing the foreseeable rule of the damage compensation for the breach of contract. Determine the scope and amount of compensation considering the rights of traveler and management risk of travel agency. In the end put forward the methods to perfect legislation.