On The Compensation For Mental Damage In The Field Of Contract

The field of contract can apply the spirit damage compensate dispute long-standing, the mainstream view of judicial and academic fields believes that only in the tort liability can claim for compensation for mental damages, contract lawsuit cannot claim for compensation for mental damages. However, with the rapid development of social, the complication of social life, many contracts to meet the needs of spiritual interests emerge in an endless stream, to protect of the loss of this victim has become a problem. This paper attempts to analyze and demonstrate the feasibility of establishing the system of spiritual damages compensation for contract in our country, and puts forward some suggestions of the system construction.This paper is divided into three parts introduction, body and conclusion.First of all, the introduction part briefly explains disputes of the contract spirit damage compensate in civil law circles, contract spirit damage compensation in real life is relatively universal, not normative of case judgments, and leads to the necessity of the problem.Secondly, the text part is divided into five parts. The first part mainly introduces the basic theory of mental damage compensation. including the definition of damage to the spirit, the mental damage and non property damage, mental damage compensation concept and characteristics. The function of mental compensation.The second part introduces the contract theory of mental damage compensation, through the analysis of the negative and positive views prove the possibility that the compensation for moral damage in the field of contract.The third part introduces comparative study of the system of compensation for spirit damages of contract. This chapter from the angle of the comparative law introduces the continental law system, Anglo American law system and international legal documents relating to the spirit of the contract damages jurisprudence and legislation, to provide some experience for the establishment of the contract spirit damage compensation system in our country. The countries of Anglo American law system in general is in addition to the general rules for compensation, in the form of case given the provisions of contract type of compensation for mental damage; civil law countries through the introduction of some theory or in the interpretation of legal provisions to acknowledge the spirit damage action; some international documents through clearing legislation mental damages in contract disputes.The fourth part:the legislative and judicial status of mental injury compensation in the contract field in our country. Through the list of China’s relevant laws about compensation for mental damage at present shows that China does not require compensation for mental damages in the contract law But judges have different views to the mental damage compensation of contract in the judicial practice, similar cases, some judges support the requests of spirit damage compensation, some judges rejecte the requests.This proves that China urgency to establish the system of compensation of spirit damages of contract.The fifth part is the analysis of necessity and feasibility of establishing the system of compensation for spiritual damages of contract in our country. The purpose of this chapter is to prove the necessity and feasibility of establishing the system of compensation for spiritual damages of contract in China from different angles.The sixth part is reflections on the establishment system of compensation for mental damage in our country, including finding legislative mode for our country, a clear liability, imputation principle, the provisions type of contract of compensation for mental damage, the amount of compensation.Finally, the conclusion part. Once again calls on the right to claim for compensation of mental damage in the contract, because the wide range of such cases in practice, we should face up to the problems, and constantly improve the in law to better protect the legitimate rights and interests of the parties.