The Legal Remedies Of Non-pecuniary Damage Compensation For Breach Of Travel Contract

In recent days,as a tertiary industry, the tourist trade development is very swift and violent. People desire to relax and relieve stress from the rigors of daily life by travelling. The requirements promote the rapid development of tourism. It also creates profits to the tour operators. However, wishing for immense virtual profits, the tour operators disregard the legal rights of the tourists on the strength of a strong position in legal relationship. For example, a tourist has been abandoned by the tour guide on a Paris street. The tour operators' injurious acts often pay a low illegal cost. As a result, the injurious acts are difficult to be prohibited for high profits. In order to change this situation, it seems to explore deep in the legal system. This thesis is to explore, on one hand, how to uphold the rights of tourists and strengthen the responsibility of the tour operators under the condition of prohibiting the compensation for mental injury for breach of contract. On the other hand, the possibility and necessity of the compensation for mental injury for breach of contract to against the injurious acts. It not only protects the legal rights of tourists, but also promotes the development of tourism.The thesis is divided into three chapters. The first chapter is about two controversial issues. The first one, do the tourists have the right to request compensation for non-pecuniary damage for breach of travel contract? As Tourism Law of People's Republic of China(Tourism Law) issued and implemented, it established the new rule of punitive compensation system. The second issue is the punitive compensation can replace mental compensation in tourism contracts or not. The second chapter is to analyze the two issues. On the first issue, the mental compensation need to applied to both the legislation and judicatory practice. On the second issue, the punitive compensation is not the same as the mental compensation. The third chapter is to explore the solution. It put forward the solutions to the legal remedies of non-pecuniary damage compensation for breach of travel contract based on the recent legislation.