A Probe Into Compensation For Mental Damages In Breach Of Travel Contract

Whether a breach of contract for compensation for mental damage in controversial in the field of legislation and judicature in our country.Travel contract as a special form of the contract,especially its unique characteristics.The tourism contract is cheerful mark,involve the tourists and tourism services.If according to conventional wisdom,to not damage compensation liability for breach of tourism contract spirit,is the ignoring of the characteristic of tourism contract,and it's not conform to the rule of fair idea,more conducive to the protection of tourists mental rights,which in the long run is unfavorable to the development of the tourism market in China.Although China's current law did not make clear to compensation for mental damage of default rules,that don't make exemplary of compensation for mental injury.Besides,the compensation for mental damage of default contract can according to the relevant specification for relief.Promulgated in the aspect of tourism contract,the supreme law of the supreme people's court on the trial of tourism disputes provisions on some issues of applicable law.The provisions of article 21 for requests of mental injury does not support default behavior,but only this happens is the premise of the concurrence of tort liability and liability for breach of contract,compensation for mental damage in simply due to the breach and machinery in accordance with the provisions of this law.In order to modify the contract law in China,it is suggested to make the travel contract as part of the famous contract,and make a clear explanation of the condition and standard of the compensation for the damages.Specifically,the first part of this paper is a general description of the compensation for mental injury.The second part analyzes the reasons for the anti-mental damages,and makes a clear analysis of it.The third part analyzes the actual practice of the compensation for the damages of tourism contract in judicial practice in China and discusses the reasons for this phenomenon.The fourth part introduces the reality of compensation for mental injury cases tourism contract relief way,and how to further perfect the tourism contract system of compensation for mental injury,through in the future of travel contract in the contract modification to discussed with instructions of compensation for mental injury,the standard of compensation for mental injury in order to make tourism contract,and the relationship between tort law,compensation rules,such as the specific method to perfect the tourism contract,better make effective protection to the spirit of rights and interests of the parties.