A Study On Compensation For Mental Damage In Default Responsibility Of The Tourism Contract

The Tourism contract is a typical "purposeful" contract.The object of the contract contains non-property interests including spiritual enjoyment.According to the current judicial inter:pretation in China,compensation for mental damage can only be relieved in the form of tort action,thus excluding the application in the case of breach of contract.However,from the practical point of view,the number of people's travel is increasing day by day,and the number of contracts such as travel contracts for the purpose of pursuing spiritual pleasure is also increasing.With the increase of disputes of spiritual interests caused by breach of contract,the relief is insufficient.Mental damage can not be touched,and mental loss is difficult to measure.This is the main reason for opposing the claim of compensation for mental damage in the case of breach of contract.The voice of opposing the claim of compensation for mental damage in the case of breach of contract of tourism is relatively larger.As a tourist suffering from mental loss,completely cutting off the remedy of breach of contract means that the only choice is to file a tort suit.Tourists have to bear a heavy burden of proof,which makes the road of safeguarding rights blocked and long.At present,with the increasing frequency of tourism activities,the number of tourism disputes is also increasing.There are many cases where tourists have no access to h elp because their spiritual interests have been infringed.The victims'legitimate rights and interests have not been effectively guaranteed,affecting the people's sense of security and well-being,and may even become the trigger of serious social security incidents.In fact,lower illegal costs are not conducive to the healthy development of the tourism industry.Whether the perpetrator fulfills the contract or breaches the contract belongs to the category of will.The victim's claim for compensation for mental damage is also a process of rational choice,which is restricted by such factors as personal psychological factors and economic conditions.Quantitative research,as a research method of quantitative relationship,has been widely used in psychology,economics and other disciplines.In today's era of big data science and technology,it has become an inevitable trend to deepen quantitative research in to legal research.Because there are fewer quantitative studies on compensation for mental damage in China,the research results on this issue can also be applied to practice.If we can make further discussion on the bottleneck in the study of compensation for mental damage from the framework of traditional legal research and the integration of disciplines,it will not only have certain theoretical value,but also have guiding significance for judicial practice and the tourism industry.This paper attempts to collect and clean up the judicial statistics collected in the Chinese Judicial Documents Network,and to carry out a quantitative study of the factors affecting the plaintiff s litigation asking price".