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Research On Compensation For Spiritual Damages In Tour Contracts

Posted on:2020-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:H X LiFull Text:PDF
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Tourism activities,as an important way for people to pursue spiritual life,are common in social life.The rapid development of tourism has led to many tourism disputes.Due to the breach of contract by travel operators,there are more and more cases of tourists claiming compensation for mental damage.In the process of legal development,the system of compensation for mental damage has been gradually improved,and it is gradually expanding from the scope of infringement only to the scope of breach of contract.This also reflects people's increasing emphasis on spiritual interests and the protection of legal humanization..In particular,the contract of travel as a purpose for obtaining a certain spiritual interest has a special spiritual attribute,making it more necessary to apply the system of compensation for breach of contract.However,in the current judicial practice,it is difficult to obtain the support for the compensation for mental damage claimed by tourists in the breach of contract of travel contract,and the legitimate spiritual interests of tourists are in need of perfect protection.This paper analyzes the current situation of China and analyzes the theoretical basis of compensation for spiritual damages in breach of contract,and believes that the system of compensation for mental damage can be applied in the liability for breach of contract.The establishment of the compensation system for the compensation for breach of contract in the travel contract is not only conducive to the healthy development of China's tourism industry,but also to better resolve disputes,and also reflects the value-oriented requirements of the law.The body of this article is divided into four parts.The first chapter analyzes the current situation of the legal system of moral damage compensation in the tourism contract in our country,enumerates the cases in judicial practice and finds the analysis problems.The second chapter defines the compensation for spiritual damages in breach of contract,clarifies the relevant concepts,defines the scope of application of the system,and analyzes the rationality of the system.The third chapter demonstrates the theoretical basis of the compensation for spiritual damages in breach of contract,and explains the legitimacy of the system.The fourth chapter puts forward the system conception of the compensation for spiritual damages in breach of contract in China,including the applicable conditions of the system and the method of formulating the compensation standard.
Keywords/Search Tags:Tourism Contract, Moral Damage Compensation, Liability for Breach of Contract
PDF Full Text Request
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