Research On The Mental Compensation System In Breach Of Tourist Contract

Along with the rapid development of social economy and the constantimprovement of people’s living standard, more and more people are willing to choosetravel as an important way of relieving pressure and the entertainment of body andmind. Tourists who are planning out usually choose a visiting place far away fromhome. Generally, they prefer to enter into a contract with travel agencies who will incharge of their travel project since they are unfamiliar with the visiting place andlacking of time and energy for kinds of travel matters. While the sign of a contractoften beget corresponding contract disputes. As for tourism contract, more and moredisputes are caused by the breach of travel agencies. Besides, considering thepurposes of tourists are getting spirit joys. So the breach of a contract by travelagencies usually brings pain to travelers. In spite of the constant improvement of thespiritual distress compensation in theory in our country,travelers still can not gain thespiritual distress compensation when they are suffered the heavy loss caused by thebreach of a contract by travel agencies.At last, The legitimate rights and interests oftourists cannot be maintained, tourists will reduce travel times, this is bound to affectthe development of the tourism industry, which is not conducive to the tourism marketeconomy’normal operation.Based on the related basic concept definition, I clarify the conceptions and thecharacteristics of tourism contract, and the relationship between the breach of a contract and the compensation of mental injury, and confirm that the compensationfor mental damage in the breach of travel contract system is the trend of The Times.The analysis of the spiritual distress compensation of the breach of a tourism contractin different countries are as follows: the UK, the US of Common Law Systemexperienced a process from deny to approve it. German and Taiwan civil law systemalso has some treatments about it. More and more countries are becoming to affirmthe compensation of the breach of a tourism contract, which have set a good examplefor the establishment of the system of the compensation of the breach of tourismcontract. The current situation of the spiritual distress compensation of tourismcontract in our country is showed in the next. There is no uniform standard for theaffirm or deny of the compensation of the breach of tourism contract. The essentialrequirement of the tourism contract is to analysis the theoretical justification and toconfirm the coincidence of the theory of value of justice and the theory of commercialprinciple of the system of the compensation of the breach of tourism contract. In theend of the paper, the author point out that the establishment of the system of thecompensation of the breach of tourism contract and analyze the constituent elementsand illustrate the principles and specific criteria of it.How to provide legal relief for the tourists is the mission of legal workers andsafeguarding the legitimate rights and interests is the most urgent expectation oftourists.The research is not only beneficial to the construction of the spiritual distresscompensation of tourism contract，but also good to regulate the behavior of travelagencies, and to purify the tourism market environment.