An Empirical Study On The Case Of Compensation For Spiritual Damage Of Default In China

According to the traditional theory,spiritual damage compensation only exists in the field of tort law,and can only claim in tort action.It is not recognized in the contract law,and claims in the lawsuit of breach of contract will not be supported.However,with the continuous development of economic and cultural life,people’s spiritual life is more fulfilling and colorful,and the demand and desire for spiritual enjoyment are becoming stronger and stronger,resulting in the increasing number of contracts for spiritual enjoyment.In our judicial practice,cases have emerged that break through traditional theories and support mental damage compensation in the case of breach of contract,challenging the traditional dual system of breach of contract and infringement.However,because there is no clear stipulation on the issue of compensation for mental damage in the contract law,and there is also a great controversy in theory.The scholars’ focus is mainly on the theoretical analysis of breach of contract mental damage compensation.The lack of empirical investigation of breach of contract mental damage compensation cases has led to different application standards for courts in handling compensation cases for spiritual damage of default,which has led to confusion in the application of laws and inconsistent results.In order to standardize the behavior of courts in judging on cases of spiritual damage compensation of default,it is necessary to adopt empirical research methods.It can sum up the characteristics and difficulties of the application for breach of contract mental damage compensation cases,and clarify the path of the court to judge such cases.Demonstrating the reasonableness of breach of contract mental damage compensation and proposing judicial application recommendations for breach of contract mental damage compensation can provide certain judicial guidelines for judicial practice.Through empirical research,the main argument of the court during the trial is whether the compensation for breach of contract spiritual damage is reasonable? Judicial practice mainly proves whether the compensation for breach of contract spiritual damage is reasonable from three aspects: the scope of compensation and method of liability for breach of contract,the theory of liability cooperation,and the rule of predictability.Through the analysis of these three aspects,it is found that the compensation for breach of contract mental damage is reasonable.Not only will mental damage be caused by tort,but breach of contract will also cause mental damage.When the obligations of the contract contain spiritual related interests,it can be foreseen when the contract is signed that the breach of contract will result in mental damage to the non-defaulting party.At this time,if it does not meet the situation of competing for liability,it can only seek relief for breach of contract,and file compensation for moral damages in the lawsuit for breach of contract.The court can make judgments in the following ways.Firstly,explain Articles 107,112,113,and 122 of the Contract Law,and interpret "loss" as including property loss and mental damage,so that mental damage becomes a part of "loss",so as to be included in the scope of compensation for breach of contract.Secondly,determine whether the contract’s payment obligations or collateral obligations contain content related to spiritual interests,and if so,then determine whether it complies with the constitutional elements of breach of contract moral damages.Finally,Judges use discretion to determine the amount of moral damage compensation based on the degree of breach of contract,the basic situation of contract performance,the degree of victim’s mental damage,the consequences,and the local material living conditions,etc.