Research On Compensation For Spiritual Damage In Default Of Tourism Contract In China

With the rapid development of China's social economy and the gradual improvement of people's living standards,people begin to pursue the enjoyment of spiritual life while they are satisfied with their material life.Tourism travel has gradually become the main choice for people's spiritual life consumption,followed by more and more travel disputes,which also inevitably involves the spiritual damage compensation for breach of contract.Although the Judicial Interpretation of Tourism Disputes has been implemented,there are still different cases in the judicial practice of our country.It seems that the solution to the problem of whether the suit for breach of tourism contract can obtain compensation for mental damage has not been effective.This is not only not conducive to the comprehensive protection of the legitimate rights and interests of tourists,but also seriously damages the unity of judicial decisions and the authority of the law.This paper attempts to analyze the relevant provisions of China's General Principles of Civil Law,Contract Law,administrative regulations and the judicial interpretation of the Supreme Court on the compensation for mental damage,and compares the relevant cases in the judicial practice of breach of contract in China's tourism contract,and discovers the spirit of breach of contract in China's tourism contract.On this basis,from the particularity of tourism contract,the commercialization of spiritual interests theory,the embodiment of the principle of full compensation,the embodiment of the legal value of fairness and justice and other aspects of tourism contract the function of the compensation for mental damage of default value,from the essential attribute of travel contract for mental damages,is conducive to the interests of the parties balance analysis and policy considerations tourism contract breach the rationality of the compensation for mental damage.Then,by comparing the legislative provisions and judicial precedents of the civil law system and the representative law of the Anglo-American legal system on the compensation for breach of contract,the development trend of compensation for spiritual damages in breach of contract is explained.Finally,the construction of the compensation rules for the compensation for mental damages in China's tourism contract is proposed.We should break through the established pattern of traditional civil liability,and confirm the right to claim compensation for spiritual damage in breach of tourism contract by expansive interpretation of existing legal provisions.In the case of breach of contract,tourists advocate that compensation for mental damage should follow the principles of predictability and maximum limit and the principle of presumption of liability for faults.The applicable conditions of the rules for compensation for spiritual damages for travel contract breaches shall include breach of contract,fault,serious mental damage,causality.