Research On Compensation For Breach Of Contract

China adopts a strict dual system for traditional civil liability,and holds that the compensation for mental damage is only applicable to the field of tort liability.With the development of economy,many new types of contracts emerge at the historic moment,and spiritual interests are placed in the contractual relationship.The lack of compensation for mental damage of default system in our country,which leads to the default for the mental damage compensation in the judgement also disputes in judicial practice,some courts in having no legal basis for deny the legitimacy of compensation for mental damage of default,in some cases out of balance case the point of view of justice or explained our country existing law to expand the way spirit damage shall be filed against the default relief,the lack of visible system of compensation for mental damage of default greatly influenced the unity of our country judicial judgment.From the perspective of contract development,spiritual damage compensation for breach of contract is viewed.The development of contract makes spiritual interest the object of contract.With the expansion of contract obligations,liability for breach of contract and liability for tort gradually merge.From the analysis of the legitimacy of the compensation for the spirit of breach of contract,the theory of liability contesting in our country has limitations in adjusting the compensation for the spirit of breach of contract,which is easy to lead to the insufficient compensation,and violates the principle of full compensation in the contract law of our country.Both the common law system and the civil law system have established the compensation system of spirit of breach of contract.The mental damage caused by breach of contract has objective existence and compensability,which makes the discussion of the compensation system of mental damage caused by breach of contract have practical significance.Article 996 of the civil code of China(personal rights)stipulates that spiritual damage compensation should be applied to breach of contract,which reflects the trend of entering into law of spiritual damage compensation for breach of contract,which reflects the trend of spirit damage compensation for breach of contract in our country.Build the system of compensation for mental damage of default,should fully draw lessons from Anglo-American law system and continental law system countries legislation and principles,define the compensation for mental damage of default mode of our country is generally prohibits model,namely only in special type of suitable compensation for mental damage in breach of contract,through to in the judicial practice of compensation for mental damage of default case analysis andsummary,in the form of list to cover a summary on the compensation for mental damage of default of contract type.In terms of the constitution of spirit damage compensation,the subject of spirit damage compensation is only a natural person,excluding the application of legal person.Based on the actual occurrence of the breach of contract and the objective existence of the mental damage,the application of the mental damage compensation for breach of contract is limited by the principle of foreseeability,the principle of offset between negligence and profit and loss,and the law of not paying compensation for minor mental damage.Guided by the principle of foreseeability,the compensation for mental damage in breach of contract is limited to the range of reasonable foreseeability.Finally,the realization path of constructing the spirit damage compensation system of breach of contract is embodied in the following aspects: add or modify provisions in the legislation to explicitly affirm the spirit damage compensation system of breach of contract,so as to avoid the injustice of judicial trial caused by the lack of unified legal basis;The judicial interpretation of the existing legislation is expansive,and the general principles of civil law and contract law are extended to interpret loss as the sum of property damage and non-property damage,so as to realize the relief of non-property damage caused by contract breach.In order to solve the problem of unclear identification standard and calculation method in practice,the determination and imputation of mental damage caused by breach of contract should be based on the social objective evaluation,and the amount of mental damage caused by breach should be determined by the deliberative calculation method,which is in line with the current national conditions in China.