The Application Of Spiritual Damage Compensation For Liability For Breach Of Contract

Mental damage is the intangible damage other than the property damage suffered by one party,that is,the mental or physical pain caused by the encroachment of others,or the damage to personality rights and interests.Generally speaking,mental damage is usually unrelated to the loss of the victim's property,cannot be accurately measured in money,and cannot be reversed or completely repaired after the damage is caused.Although the mental damage suffered by the victim cannot be remedied and repaired by monetary compensation,it does not mean that the injurer does not need to bear any legal consequences when the mental damage occurs.Under this premise,the introduction of mental damage compensation is not a party to suffer the damage to completely eliminate and make up for,but with the way of compensation,for both ways and means to provide communication,problem solving,through further create valid environment,such as the damage of the damage to try our best to make up for a party,the social evaluation of the offender,mental pressure,etc.As far as possible with relief.Although before the civil Code was voted through,China's legislation only stipulated the compensation for mental damage in the lawsuit of tort,but did not explicitly stipulate the application of the compensation for mental damage in the lawsuit of contract breach?But the breach of contract will inevitably cause mental damage to others,even serious mental damage,the relief of mental damage in the liability for breach of contract is also worth paying attention to.Moreover,some laws and regulations that have been promulgated and implemented in Our country have already explored and tried to compensate for this kind of damage.For example,in the Marriage Law of the People's Republic of China,which came into effect on April 28,2001,there are provisions that make it clear that if bigamy causes the couple to divorce,the other party may claim compensation for mental damage at the time of divorce.In the Regulations on the Handling of Medical Malpractice,which came into effect on September 1,2002,there is a clause specifically stipulating the compensation for mental damage caused by medical malpractice liability.,the Civil Code considered that the compensation for mental damage in the lawsuit of breach of contract was recognized when the right of personality suffered serious mental damage.At the same time,China's judicial practice has also made a preliminary exploration of this issue.Even so,under the current legal framework of China,there is still no consensus on the settlement of the compensation for the spiritual damage caused by breach of contract,which is still a problem to be discussed.In the first part of this paper,the author combs the legislative status of mental damage in China and scholars' attitudes and different views on the application of mental damage compensation for liability for breach of contract,discusses the arguments and basis of different views,and summarizes and analyzes the legislative and theoretical research status of mental damage compensation for liability for breach of contract in China.The second part applies the method of case analysis,carding domestic existing judicial cases and research,aimed at different parts by studying the domestic judicial authorities applicable to the study of the case,know for responsibility of breach of contract in the law practice spirit damage compensation for the referee opinion and the judicial present situation,understand the reason of the different decision and generality,summing rules,in order to provide references for the judicial practice and legislation,etc.The third part USES the method of comparative analysis to briefly summarize and discuss the relevant legislation and judicial status quo of the compensation for spiritual damage caused by breach of contract in the two legal systems,and sorts out and summarizes the application status quo of the compensation for spiritual damage caused by breach of contract in countries outside the two legal systems.The fourth part USES the method of comparative analysis and the interdisciplinary research methods,mainly from the positive and negative two aspects discusses the legitimacy of compensation for mental injury caused by default,will apply point of view of compensation for mental injury against liability for breach of the rebuttal,and explains the existing legislative and judicial status in China,to establish the rationality and necessity of compensation for mental injury caused by default;Finally,on the basis of the above research,the author puts forward his own tentative ideas on the construction of the related system of mental damage for breach of contract in China,and expounds his own views on the application of relevant provisions in the Civil Code.It is hoped that through the study of this paper,we can give some references and Suggestions for the construction of the applicable spiritual damage compensation system in China's liability for breach of contract.