The Research On The Mental Damage Compensation Of Breach Of Travel Contract

Since the 21 st century, China's economic take-off has brought a great wealthy to the nation and people. Whatever in the city or countryside, the common family's living quality has improved obviously. People in the pursuit of good material life at the same time, the requirement of the spiritual life and level are improved obviously. Especially for people living in cities, because the rhythm of the social life is becoming faster and faster. So their pressure of work and life is under increasing. Thus, with the development of era, more and more people begin to choose tourism as an important way to relieve stress or relax body and mind. The tourism has become the indispensable element of people's life. However, because the general public for tourism don't quite understand. Usually, they consult to the local travel agent, and sign the tourism contract. Now that is the contract, the contract parties may produce the contract dispute. As for tourism contract, more and more disputes are caused by the breach of travel agencies. The cause of such disputes is that tourists fail to enjoy the tourism happiness and claim compensation for mental damage. In the current situation, because our country current laws and regulations don't breach the system of compensation for mental injury. So when the travel agent breaks the travel contract and causes serious mental damage for tourism, tourists can't get timely and effective legal aid. And this will influence the development of tourism industry, and is not conducive to the development of national economic transformation.The paper mainly includes four parts. The first part analyzes the basic situation of tourism, including the definition, properties and nature of the tourism, and introduces our country's judicial practice of the travel contract. The second part discusses the necessity of compensation for mental damage of the tourism contract default. I will explain from four aspects which are the value of the existence of compensation for mental injury, the nature of travel contract, the complete compensation principle and the legal fairness and justice. The third part mainly introduces foreign rules of mental damage compensation of the tourism contract default. In the last part, I will put forward the point that our country should build the system of spiritual damage compensation of the tourism contract breach. In this part, I will in detail expound from three aspects which they are the right of claim of compensation for mental damage, constitutive requirements and the standards of compensating damages.