On Compensation For Breach Of Mental Damage

The system of compensation for mental damage plays an important role in protecting the spiritual interests of the injured party and is an indispensable part of the compensation for civil liability.According to the traditional view,mental damage can only be claimed by the injured party when it is caused by the tort,and it cannot be claimed if only one party fails to perform the contract.However,with the development of modern civilization,people's pursuit of spiritual interests is far more than before,and there are a lot of contracts with spiritual interests as the purpose and content.For this kind of contract,due to the characteristics of the contract itself,it is easy for one party to breach the contract,and the other party in the spirit of serious pain.Legislature also captures the present situation,in the civil code(draft)"in article 996 of the increase of compiling process,to protect the interests of the people's spirit,but not enough to effectively solve the changes such as cosmetic surgery in the contract,the travel contract type,a simple breach of contract compensation for mental damage problem.Therefore,the above problems should be completely solved by including the compensation for mental damage into the liability for breach of contract,so that the compensation for mental damage can be completely penetrated into the two liability relief systems of civil law.According to the existing provisions of the contract law,even if one party's breach of contract causes serious damage to the other party in spirit,the injured party can only get relief by bringing tort action when it constitutes liability concurrence.And although the civil code(draft)changed in the past can not be based on the traditional request compensation for mental damage of default,but the rule is limited to situations,personality right has been violated is not enough to solve the contract itself contains spiritual interests and other types of mental damage compensation issues,as a result,only mental damage of default of violations of the personality right occasion relief is inadequate,and should benefit from the contract and tort law about protect the interests of the spirit,experience,reasonably define the scope of compensation for mental damage of default.To determine the amount of compensation for mental injury,although the Supreme People's Court issued the interpretation of compensation for mental injury on the influencing factors of compensation for the rules,but the amount should be how to calculate the lack of specific provisions,the provinces with reference to the explanation subsequently introduced about the standard of compensation for mental injury,but each province actual situation,the standard each are not identical,the compensation payable will there is a big gap.In order to maintain the seriousness and fairness of the law,when determining the amount of compensation for spiritual damage caused by breach of contract,we can divide the spiritual damage caused by breach into different levels on the basis of the existing provisions,combining with the actual situation and referring to the practice of various provinces,and then determine the corresponding compensation scope according to the levels.