The Study On The Compensation Of Spiritual Damage In Breach Of Tourist Contract In China

The legal system of our country follows the dual relief mode of liability for breach of contract and liability for tort.However,with the development of tourism industry in China,more and more tourism contracts disputes are increasing.Because of the purpose of tourism contract has the special purpose of pursuing spiritual interests,the damage includes not only property damage,but also spiritual damage,when the purpose of tourism contract can not be realized.The current legal system of damages for breach of contract in China can not provide comprehensive relief,especially in the case of tourism operators only breach of contract without infringement,the spiritual benefit damage of tourists can't be relieved.In view of this kind of situation,the article studies the current legal system and legislation in China and the problems in judicial practice of tourism disputes,combining the special nature of the purpose of tourism contracts,after the analysis and argumentation of this paper,it is reasonable and feasible to realize compensation for spiritual damage of the tourism contract.Construction of this compensation system,it can effectively solve the problem of insufficient remedies for the damage of spiritual interests when serious breaches of tourism contracts occur in China,improving Chinese legal system on relief for damage caused by tourist breach of contract,so as to protect the legitimate rights and interests of tourists in an all-round way.This article mainly carries on the analysis and demonstration from four parts: the first part is through the analysis of the negative impact of the absence of legislation for tourism contract of the spiritual damage compensation in China and the insufficiency of judicial practice relief,and the typical practical cases of tourist contract disputes and result of judgment,and draws out this article to discuss and the research issue;the second part mainly analyses the tourism purpose and its influence on the purpose of tourism contract,and makes it clear.Around the specific characteristics of the tourism contract,further prove that the spiritual damage compensation for breach of tourism contract is the guarantee for the realization of the purpose of tourism contract;the third part mainly discusses that the realization of spiritual damage compensation for breach of tourism contract in our country has its legal basis;the fourth part aims at the deficiencies and legislative deficiencies of the existing remedies for damages caused by tourism breach of contract in our country.In order to coordinate with the existing legal relief system in China,this paper puts forward the practical ways to realize the compensation for spiritual damage caused by breach of tourism contract,comprehensive relief for the damage suffered by tourists.