Research On The System Of Compensation For Mental Damage By Breach Of Contract

The traditional civil law of China about the spirit of the system of damages only obtained through the infringement of the legal basis,and breach of contract does not have this legal basis.With the development of tourism,the increase in tourism disputes,the spirit of the compensation system is limited to infringement can not effectively solve and deal with tourism disputes.For example,in the course of tourism,if the tourists are not directly because of travel agents due to personal injury caused by the spirit of damage,according to the traditional law can not be effective relief.However,the tourism contract itself has its particularity,it is a kind of tourists to meet the physical and mental pleasure and enjoy the purpose of the contract,the provisions of the system of mental damage is clearly too traditional and limit the scope of the current travel disputes.In view of the situation of this kind of situation,this paper analyzes the current situation and judicial practice of tourism in China and the analysis of the legislation of mental damage relief in breach of contract.It is concluded that the system of compensation for mental damage can be applied in the breach of contract.It is not only conducive to the healthy development of China's tourism industry and effective dispute resolution,but also to tourists also reflects the comprehensive protection of human nature.The text is divided into three parts.The first part mainly analyzes the current situation of the legal system of compensation for spiritual damage of tourism contract in our country,and finds out the problem from the case.The second part of the theoretical basis of this in-depth study,compared with extraterritorial legislation and doctrine,legislation and judicial practice of China's inspiration.The third part is based on the summary of the previous article,and further put forward how to improve the contract of breach of contract in China's tourism contract compensation system,mainly on the overall thinking,applicable rules and the application of a detailed analysis of the conditions.