On Compensation For Spiritual Damage In Breach Of Service Contract

With the development of economy and society, service contract flourished, followed by a large number of compensations for spiritual damage because of breach of contract.There’s not only clear legislation for spiritual damage caused by breach contrat in exsiting civil law system, but also unified approach in judicial practice. In trandtional civil law system, compensation for spiritual damage only obtain legal recognition in tort liability act, and it is prohibited to advocate in the field of contract law. But, the real situation is there’s large amount of cases ask for compensation because of mental loss of breach contrat in social life. Why law is fobbiden? So, the study on this subject is of great significance.In this article, the author mainly use three methods to demontrate the importance to set up the system of compensation for mental loss of breach contract in our country. First, comparative study. the author compares and analyzes cases happening abroad,such as English law,American law,French law etc.,in which victims were awarded the compensation for spirit loss in contract. Therefore,the author concludes that the mental loss caused by breach contract is popular phenomena and most countries have already make relevant law both in legislation and judicial practice to respect man’s dignity and to pusure judicial justice. We should learn the advantages abord. Second, by analysis large amout of literature, the author proposed the assumption of creating system of compesation for metal loss in contract in China, including to choose what type of the legislative model, apply what kind of contract, and limited rules, etc. Third, judicial cases analysis.Though,the dominant theory is opposite,but it is not perfect,especially in dealing with real life. To incorporate spirit compensation into cantract liability can better safeguard man’s metal interest and fullfill legal sysytem,which is in line with the trend of modern law’s development.Finally,the author put forward specific legal methods of the new sysytem construction. The One is to expand the legal explanation of "loss" in civil law, the other one is to set limits to mental compensation of contract liability. When refer to calculate the specific amount of mental compensation, two calculation methods should be used at the same time:the maximum method and judges discretion. In order to ensure that the judges discretion within the standard of law and victims will not ask for a large compensation in malicious mind.