The Study On The Compensation For Spiritual Damage Caused By The Third Party's Interference With Prospective Contractual Relationship

The parties involved to the Prospective Contractual relationship for the conclusion of the negotiations,is the contracting stage,which is necessary stage for the contract.The Prospective contractual relationship between the parties at the contracting stage is protected by law.China's law establishes contractual liability in contract law to limit the parties' behaviors on the contracting process.However,our law has not yet imposed a limiting on a third party's interference with prospective contractual relations.Should the law be required to assume responsibility for the behavior against contracting relationship of third party in the contracting phase?If the third party is responsible for interfering the contractual relationship,does the scope of compensation cover mental damage?China's law has not yet made clear provisions on the interference with contracting parties by third parties,nor does it provide for the liability of third parties for breach of contractual damages.Compared with the extraterritorial law,the provisions of the United States law on the liability of the third party for the damage to the mental damage borne by the contracting party are relatively sound,which can be properly used to promote the perfection of our legal system.This paper studies the liability of the third party for the damage to the mental damage caused by the prospective contractual relationship,including the following four parts.The first part is the legal investigation of the third party against the prospective contractual relationship.This section outlines the basic concepts of third party violations of prospective contractual relations,explaining the theoretical basis for the legal relationship that should be protected by law,and proving that the third party committing infringement of a contractual relationship.The second part is general understanding of the third person infringed on the prospective contractual relationship born to mental damage compensation.This section outlines the relationship between the third party's infringement of contractual relations and compensation of the spirit for the loss,and discussing the necessity of the compensation.The third part shows the United States approaches on the third party infringing on the prospective relationship.This section introduces the American provisions on the liability of third parties for mental damages in detail.Taking "Restatement of the Tort Law" and cases in it as the research object,expounding the constitutive requirements,the burden of proof and the amount of compensation for the spiritual damage compensation of the third party.Then I make an evaluation on the liability for compensation for mental damage caused by the third party tort law.The fourth part is about the application of the spirit damage compensation for the infringement of the third party in China.In this part,the author makes an analysis of the legal provisions on the liability for compensation for mental damage in our country,and expounding the position of Chinese scholars on the liability for compensation for the spiritual damage caused by the third party infringement.I find that there are many defects in the application of the compensation for mental damage in China,such as the wide applicable conditions,the confusion of the amount of compensation and the unreasonable liability.Secondly,it offers a proposal to our country about the spiritual damage compensation law through the analysis of the third part of the American Tort Law on the elements of the third party contracting relations the liability for mental damage,proof,responsibility and other aspects.In the end,I take a positive attitude on the significance of the compensation to the spiritual damage of the third party.The act of restricting the third party's breach of contract in china,giving the victim a claim for liability for the third party's claim on infringement of the moral damage suffered by the contracting party,Which is conducive to perfecting the legal system of infringement in China.