Research On Compensation For Spiritual Damage Of Breach Of Contract

Compensation for spiritual damages for breach of contract is directly related to the protection of spiritual interests in the contract.The "Civil Code of the People’s Republic of China" clearly stipulates compensation for spiritual damages for breach of contract,however,there are still deficiencies and defects in legislation and judicial practice: in terms of legislation,the national legislation is too vague,and it does not directly recognize that compensation for spiritual damage can be relieved in liability for breach of contract,and the scope of spiritual damage is limited to specific personality rights;in practice,when hearing cases of compensation for breach of contract spiritual damages,the remedies adopted by the court are not uniform,the contract scope applicable to the compensation for breach of contract is unclear,and the amount of compensation lacks judgment standards in the field of contracts.In order to solve these problems,the compensation for spiritual damages for breach of contract needs to be improved in the following aspects: in terms of the relief of spiritual damage,by analyzing the nature of the breach of contract liability for mental damage compensation for breach of contract under the co-occurrence of liability,summaring and analyzing the views of scholars who hold negative and positive opinions,from the aspects of predictability,civil liability system and judicial rulings and so on,it is determined that the claim of compensation for spiritual damage in the liability for breach of contract is justified;in terms of the applicable contract scope,by drawing on the legislative provisions of the United Kingdom and the United States,the applicable contract scope is divided into three types by a compromise method,and it is clear that the contract scope applicable to the compensation for breach of contract is not extensive;in terms of the specific conditions of application,the conditions for claiming compensation for spiritual damage in breach of contract are refined through five aspects: limiting the subject of claiming rights,limiting the extent of mental damage,and expanding the interests of the victim and so on;in terms of the determination of the scope of compensation,by setting the principle of complete compensation as the basic principle,the principle of foreseeability and the principle of negligence as the limiting principle,and the principle of taking the parties’ demands as the main principle and the court’s discretion as the supplementary principle as the restrictive principle,in order to determine the amount of compensation for the breach of contract spiritual damages.By drawing on relevant regulations in the field of infringement,setting the maximum amount of compensation and comprehensively considering the factors affecting the amount of damages,the judge’s discretion is limited.