Study On The Mental Damage Compensation Of Breach Of Travel Contract In China

With the development of society and the improvement of living standards,people begin to pursue the spiritual enjoyment and pleasure in their increasinglysatisfying material life, therefore, the tourism products are increasingly becoming thenew hot spot of consumption. However, in practice, tourism disputes become morefrequent, there is no law on the right of tourism contract obligation in our civil lawsystem. Because of the imperfect laws and regulations, how to protect the rights andinterests of tourists has become an urgent problem to be solved, especially thequestion of compensation for spiritual damages of the travel contract.I think it is important to set up the system of compensation for spiritualdamages for breach of tourism contract. From the theoretical sense, establish themoral damage in breach of travel contract is to improve the coincidence theory, isconducive to the comprehensive protection of tourism contract creditor’s spiritualinterests. From the social sense, tourism contract is a contract of spiritual interests,which is different from those in order to obtain the economic benefits and achieveeconomic goals for the main purpose of the contract. A legal contract for nonproperty loss relief, it is to protect the interests of the expected. The fact that moraldamage in breach of contract has distinct characteristics, is different from the generalcontract of the expected benefits of damage compensation, is also different from thepresent spirit damage compensation, right of claim of non property damage clearlytourists, helpful for special protection for the rights.This paper will take2typical cases raise the question of compensation formoral damage in breach of travel contract in our country, reference to China’slegislation and judicial practice, analysis the status of compensation for mentaldamage in breach of contract in our tourism contract, discussion our country need tocompensation for moral damage in breach of travel contract system construction.The final will be clearly defined in legislation, the moral damage in breach of travelcontract to limit compensation, compensation standards and methods.