Research On The Compensation For Spiritual Damages Of Breach Of Travel Contract

Tourism contract has the special purpose of pursuing spiritual interests,and tourists are easy to suffer spiritual damage due to the breach of contract by tourism operators.However,under the dual relief mode of compensation for damages in China,the law stipulates that tourists can only file an action of infringement if they want to obtain compensation for spiritual damages.On the one hand,when tourists only violate the contract,but do not infringe on the personal rights and interests of tourists,the current law is difficult to compensate for the spiritual damage of tourists.On the other hand,the burden of proof is quite different between tort and breach of contract.Only through tort can we claim compensation for breach of contract spiritual damage of tourism contract,and the spiritual damage of tourists can not be fully remedied.At present,with the rapid development of the national economy,people's living standards have greatly improved.Traveling is no longer the right of a few people.This kind of conservative legal provisions is not conducive to the protection of the rights of many tourism consumers and hinders the order development of tourism industry.This paper mainly discusses from four aspects:The first part mainly analyzes the legislation and judicial practice of compensation for spiritual damage caused by the breach of tourism contract in China,and then discusses the main problems caused by the lack of legislation and the confusion of judicial judgment;The second part mainly discusses the theoretical basis of spiritual damage compensation for breach of tourism contract,including the spirit,time and service of tourism contract,as well as the legal basis of the principle of both spiritual damage and breach of contract,predictability rule,complete compensation principle and fairness and justice;The third part mainly analyzes the common law system and the civil law system on the spiritual damage compensation for breach of contract;The fourth part mainly studies how to construct the spiritual damage compensation system of tourism contract breach in our country,combining with the current legal provisions and the future development direction of tourism legislation,discusses how to comprehensively and fairly relieve the damage suffered by tourists.