On The Construction Of Compensation System For Breach Of Contract In China

In the 21 st century,our country science and technology,economic and cultural development of various undertakings,such as presented by leaps and bounds,the rule of law with Chinese characteristics of social work up to the development of various undertakings and injected with a single bullet.With the strengthening of the rule of law concept people,observe the law,usage,to safeguard their own lawful rights and interests has become the people of a magic weapon.And with every the promulgation and implementation of the new law,the legal system with Chinese characteristics be established step by step.But we should also see,our country law in some areas there is insufficient and defect,indeed these deficiencies and defects for the protection of the interests of the masses of the people shows its pale,also to face these problems caused the embarrassing situation of the judge.And this article studies the application of spirit damage compensate in the liability for breach of contract is the deficiency of our country law to be solved.For the system of compensation for mental injury in the contract,other countries have experienced a from scratch,from simple to complete development process.But sooner or later,the representation of the both Anglo-American law system and continental law system countries,have established a perfect mechanism of compensation for mental damage of default.Thanks to the earlier development of personality rights and interests of these countries,the interests of the people for spirit pursue nature early in our country,and laws for the protection of mental injury is more perfect.Spirit and interests in our country the first recognition and attention,then with the development of economy and the improvement of people's living standard,people gradually increase the level of demand for the interests of the spirit.At this point,because of mental injury has been gradually accepted the idea of seeking compensation,which appeared in the default domain for example of compensation for mental injury,but the law does not admit at the present stage in China.But through the analysis of a large number of judicial practice and theory,comparison,you can see the rationality of the existence of compensation for mental damage of default system.But because our country starts late,development is slow in this respect,the legislative ideas are too traditional,makes this system,there is no legal basis.But since the existence of reality,and the current in the absence of the law most treatment is not reasonable,so,the system should be brought into the legal system is particularly necessary.This article obtains from the mental damage,and through the spirit damage,in this paper on the concept of "the transition to the center of the article discussed-the compensation for mental damage of default.And through analysis and summary of foreign legislative situation and existing problems in the judicial practice in China and the analysis of the existing theory of rationality,the sufficient reasons for the system in our country should exist.And then on the basis of the content of compensation for mental damage of default system in our country law building.