Study On The System Construction Of Breach Of Mental Damage

In China's current judicial practice,the compensation for mental damage caused by contract breach far exceeds the existence of individual cases.The theoretical community in China has always paid attention to this issue,but there has been no consistent conclusion.Before a supportive judgment is made for the compensation for breach of contract,the contradiction between the impartiality of the obtained judgment and the unfounded law becomes an unavoidable problem.The existing system of liability and competition in China can not only solve the mental damage caused by the breaching party to the observing party,but also violates the personal rights of the observing party.The victim can use this to claim compensation for mental damage.However,in some contracts with the purpose of fulfilling spiritual interests or the subject matter of the contract carrying significant emotions,the breach of the breach by the breaching party may not only cause material loss,but also cause the breaching party 's certain spiritual expectations to fail and cause spiritual loss.Some mental losses do not fall into the scope of tort law,and there is a blank point in the moral rights relief of the contracting parties.There have been two disputes in the academic circles regarding the compensation for breach of contract mental damage.Compensation has become the consensus of the academic community,and how to construct a system for compensation for mental damages in breach of contract is a major issue that needs to be resolved.In addition to the introduction,this article is mainly divided into the following four aspects:Firstly,the claims and problems of moral damage compensation in breach of contract cases are presented.The typical cases are used to illustrate the reality of the problem.Secondly,it expounds the current theoretical disputes over compensation for spiritual damages in breach of contract,divided into two camps of affirmative and negative,and the mainstream mainstream theories are negative.The author believes that compensation for moral damages in breach of contract should be affirmed,and on this basis,a dialectical analysis of negative views such as the theory of liability competition,the unforeseen theory,the difficulty of obtaining evidence,the theory of personality commodification,and the theory of adverse transactions.By studying the legislative trend of compensation for mental damages for breach of contract outside the territory,the relevant theories and jurisprudence of the two major legal systems of the civil law system and the common law system are combed.Countries aroundthe world have experienced resolute opposition to gradual release of the issue of compensation for breach of contract mental damage.With the development of practice,they finally recognized the process of compensation for breach of contract.This not only further illustrates the need for our country to acknowledge the need for compensation for moral damages for breach of contract,but also provides a certain reference for the legislative model on this issue.Finally,the system conception of compensation for breach of contract moral damages is proposed.In order to solve the dilemma of the realization of compensation for contract damages in contract disputes,the constitutional elements of breach of contract damages are proposed.At the same time,the applicable limitation of compensation for breach of contract damages and reasonable determination of compensation for breach of contract damages The amount.