Research On The System Of Compensation For Spiritual Damage In Breach Of Contract

The compensation for mental damage for breach of contract is a controversial issue in China.The traditional view of civil law holds that the liability for breach of contract does not include mental damage,which belongs to tort liability.Before the adoption of the Civil Code,the cases of mental damage caused by breach of contract appeared constantly in practice,and some scholars began to affirm the rationality of compensation for mental damage for breach of contract.In this context,through the statistical analysis of the cases in judicial practice,the paper finds that although most judges deny the compensation for mental damage for breach of contract according to the original judicial interpretation,there are still some judges who support the compensation for mental damage for breach of contract from the perspective of individual justice,thus bringing about the contradiction of judicial trial.After the adoption of the Civil Code,this paper analyzes the interpretation of Article 996 of the Civil Code from different perspectives such as the meaning,system and legislative purpose,and concludes that the legislators have ambiguous attitude towards the compensation for mental damage for breach of contract,and there are problems such as the vacuum of right relief,and the ambiguous expression means the danger of the abuse of interpretation.This paper demonstrates the legitimacy of the system of compensation for mental damage in breach of contract from three aspects: it should not be necessary to infringe the right of personality,it should conform to the rule of foreseeability and the principle of complete compensation,and the judicial practice can provide experience for the amount of compensation.Article applies the method of comparison method,the selection of the UK,USA,Germany,France and other countries,comparing the relevant system to find countries along with the development of economic and social,never support the compensation for mental damage of default to gradually small range of support for compensation for mental damage of default,and support the expanding trend of compensation for mental damage in breach of contract.Finally,the author puts forward that the compensation for mental damage for breach of contract should adopt the mode of "limited license",that is,the mental damage should also be included in the scope of liability for breach of contract,and at the same time,laws and regulations should be adopted to clearly limit the constituent elements and application scope of mental damage for breach of contract.The constitutive elements include the existence of breach of contract,suffering serious mental damage and the causal relationship between breach of contract and mental damage.In order to prevent the abuse of the system of compensation for mental damage for breach of contract,the subject of mental damage for breach of contract should be restricted to natural person and the type of contract should be restricted.