The Research On Establishment For The Compensation Of Mental Damage In Breach Of Contract Responsibility System

In the historical picture of legal development, the mental damage compensation system has left an indelible mark. The establishment of this system, is a legal remedy for the victims who have been suffered mental anguish when their personal rights or property rights have been unlawful infringement. It is in line with the spirit of fairness and justice of the law. But this system does not fully penetrate the entire civil liability relief system, the scope of protection of rights is severely restricted. Tradionally,mental damage exists only in tort liability, and has nothing to do with the breach of contracts, it can not be a remedy for contracts breach. However, with the continuous improvement of the legal system and legal thinking, this traditional concept encounters a large challenge. In theory and judicial sector, there has been a lot of people who have the courage to break ideological imprisonment and pioneer a new way. In recent years, with the development of people's spiritual life, there has been a large number of contracts which purpose is to in pursuit of the spiritual interests.Since the purpose of the contracts is very obvious, so once the default occurs, is bound to cause the other party who can foresee the interest when signing the contract won't achieve it. This situation will generate the mental agony. For this kind of contract, in legal practice, there have been quite a few judges dismissing the traditional view of negating compensation for mental damage, boldly made a definite legal judgment. In real life, default compensation is only for property damage, which is not enough to let the victim's legitimate rights and interests get complete protection.Therefore, compensation for mental damage of default is an inevitable trend in the development of the civil law. The author's purpose is also to cater to this trend, trying to make a comprehensive assessment and put forward some recommendations of building the system of compensation for mental damage of default in our country through a lot of analysis and evidence.In the first part, the text introduces three typical cases to explain the objective existence of compensation for mental damage of default through the analysis of case facts, focus of dispute and court's judgment. Then, in the second part, through thedetailed elaboration of the following tips: realistic existence of mental damage of default, the development trend of mental damage compensation, the requirements of fairness and justice in civil law, the limitation of liability concurrence theory, the confusion in judicial practice caused by unclear legal provision, the author demonstrates the necessity of establishing the system of compensation for mental damage of default. The third part mainly from the angle of our country's legal basis,legislative basis and comparative law which including the attitude and relevant cases and practice of the Anglo-American law system and continental law system to illustrate the legal basis and legal environment for implementing mental damage compensation of default in our country. In the last part of the body, the author tells the constitutive requirements and demonstrates how to make reasonable restrictions in order to transfer the study of the problem into the operational level.