Study On The System Of Compensation For Mental Damage

Mental Damage by Breach of Contract is controversial issue in the Contract Law. The only way to solve this controversial issue in our country is infringement relief system, ignoring the support the legal proceeding for mental damage of default. Due to the development of society and economy, the wealth accumulation and the expansion of personality right, the pursuit of spiritual interests’ contract have greatly emerged. The contract object have become the non-material spiritual interests. But in the practice of law, the spiritual damage caused by the breach of contract is still a problem. The law in our country does not clearly put forward obligation of damages, the academic sector also have a greater dispute, both positive and negative doctrine exist; it even leads to a strange phenomenon that the similar cases have different results in the practice of law.This paper based on the theory of default spirit damage compensation, begins with the connotation of the mental damage, then analyzes and determines the connotation and characteristics of the mental damage compensation in breach of contract; secondly analysis of the present condition of the mental damage compensation in breach of contract in our country, which clears up the present situation of the mental damage compensation of breach of contract from the theoretical research and judicial practice; thirdly comparison analysis about the mental damage compensation of breach of contract, analyze the mode of legislature and cases in the Anglo-American law system and civil law system, find the reason of compensation for mental damage by breach of contract; at last,Summarize the mode of legislature which we have already known, establish laws of mental damage by breach of contract according to the situation of our country, analyze the type of compensation for mental damage by breach of contract in our country and restrict it necessarily, make recommendations for legislation establishing the mental damage compensation. This paper use comparative analysis and take Anglo-American law system and civil law system as an example, analyze the reason that establishment of compensation for mental damage by breach of contract; on the basis of that, summarize the rationality and necessity of compensation for mental damage by breach of contract in our country. Compensation for mental damage by breach of contract in our civil law is controversial, but with the development of economy and law theory, we still pay much attention on it, and make sure it soon confirmed by the law.In the development history of civil law, compensation system for mental damage by breach of contract experienced a process of starting from scratch and changing from being denied to being affirmed. The scope of mental damage by breach of contract is getting wider and it is included. The fundamental reason lies in rapid economic growth and the accumulation of personal wealth to support families in general pursuit of non-material interests. Based on the contract spirit is the mainstream spirit of law and contract is the main manifestation, mental damage by breach of contract has limited acceptance. Consequently, it is significant to establish laws of mental damage by breach of contract.