Study On The System Of Compensation For Spiritual Damage In Tourism Contract Breach

With the rapid development of China's tourism industry,the cases of tourism contract disputes are becoming more and more diversified and complicated.In practice,a large number of tourists suffer from mental damage due to the breach of contract by tourism operators.However,the breach of contract has not caused serious personal injury to tourists.According to the current provisions of China's laws and judicial interpretation,tourism consumers do not Law requires compensation for mental damage in the action of contract breach.Even in the case of concurrence of liability,'tourists can only claim compensation for spiritual damage in tort litigation.Therefore,based on the particularity of tourism contract;this paper proposes to introduce the system of compensation for spiritual damage of tourism contract breach,so as to ensure that the legitimate rights and interests of tourism consumers get comprehensive relief and promote the healthy development of tourism service industry.However,the current academic general theory still adheres to the dual system of liability for breach of contract and tort liability,and puts forward various reasons against the introduction of spiritual damage compensation system in the field of contract breach.The innovation of this paper is to take tourism contract disputes as the starting point,refute one by one the main theoretical points of denying that contract breach can establish spiritual damage compensation,and break the tort liability For the monopoly of compensation for mental damage,the conclusion is that compensation for mental damage can be limited in the field of liability for breach of tourism contract.Finally,it is suggested that the tourism contract should be named in the cbntract of civil code,and the elements and standards of compensation for spiritual damage caused by tourism contract breach should be specified and strictly restricted,so as to fully protect the legitimate rights and interests of tourists and make up for the defects of relevant legislation of Tourism contract.The main body of this paper is divided into four parts.In the first part,the basic concepts of tourism contract and spiritual damage compensation are introduced in combination with different theories at home and abroad.The particularity of tourism contract and the function of spiritual damage compensation are highlighted,which lays the foundation for the further study of the system of spiritual damage compensation for tourism contract breach.It also introduces the current situation of the legislation of compensation for spiritual damage caused by the breach of tourism contract in China,and puts forward the problems existing in the legal and judicial interpretation.The second part mainly introduces the necessity of introducing the compensation for spiritual damage of tourism contract breach from two aspects.First,from the perspective of practical necessity,the paper analyzes the dilemma of the current laws for the protection of the spiritual rights and interests of tourists:when there is a concurrence of responsibilities,the tourists 'right of choice is limited,because of the reason of system design,it is considered that it increases the difficulty of the tourists'rights protection;when the travel.agency simply breaches the contract and does not infringe the rights,it has no basis in law to seek compensation for spiritual damage.Secondly,in theory,it demonstrates the necessity of compensation for breach of contract spiritual damage from the particularity of tourism contract,the principle of fairness and justice and the principle of complete compensation.The third part is the argumentation of the feasibility of the system.Firstly,through the analysis of the theory of opposing the establishment of the system of spiritual damage compensation for tourism contract breach,we find the loopholes and biases of the theory of negation,so as to clear the obstacles for the establishment of the system of spiritual damage compensation for tourism contract breach.Through the introduction of the legislation and judicial practice of the compensation for spiritual damage in tourism contract breach in other countries,it can be seen that the traditional binary system of right relief system is not insurmountable,and the compensation for spiritual damage in tourism contract breach can be realized in the field of tourism contract through the system design.We should learn from the useful experience of other countries to explore the compensation system for spiritual damage in tourism contract breach in line with China's national conditions.The fourth part is the system design and conception of spiritual damage compensation for tourism contract breach in the future.First of all,it strictly limits the elements and exemptions of the compensation for spiritual damage caused by the breach of the tourism contract to prevent the abuse of power;secondly,it determines a reasonable amount of compensation for spiritual damage by considering all kinds of factors;finally,it is suggested to realize the name of the tourism contract in the contract compilation of the civil code,including the breach of contract in the form of legislation The mental damage compensation carries on the comprehensive system stipulation.