Research On Relevant Issues Of Compensation For Mental Damage In Breach Of Contract ——From The Perspective Of Several Cases Of Mental Damage Compensation

Prior to the implementation of the civil code,has been the tort liability of compensation for mental injury of the exclusive,the parties to a contract in the default behavior of the default party spirit losses can request spirit through infringement lawsuit rights and interests of the loss,and along with society’s progress and development,and people for the enjoyment of spirit level rights and interests has become more and more attention,This phenomenon is embodied in more and more cases in judicial practice in which the parties demand compensation for the loss of spiritual rights and interests.Article 996 of civil Code breaks through the previous practice of choosing between tort liability and liability for breach of contract,making qualified cases of breach of contract also claim compensation for loss of spiritual rights and interests.This new stipulation also immediately caused the discussion upsurge about the construction of our country’s breach of contract spirit damage compensation system.Based on judicial trial practice,this paper takes several breach of contract mental damage compensation cases as the research object,summarizes the legal problems in the trial practice in dealing with such cases and the different handling views of such problems.Then,based on the relevant theories of civil law,the author analyzes the problems summarized above and briefly comments and analyzes the different viewpoints in practice.On this basis,the author puts forward his personal views,in order to provide reference for future legislation and judicature to reasonably use the system of compensation for breach of contract.This paper consists of four parts:The first part is introduction.This part mainly introduces the research background,research significance,domestic literature review on the spirit damage compensation system for breach of contract and research methods adopted in this paper.The second part is the brief introduction of the case and related issues.Through the selection of a number of breach of contract mental damage compensation dispute cases are briefly introduced,the general existence of the relevant legal issues in the breach of contract mental damage compensation dispute cases are summarized.The third part is the analysis of the legal issues related to the compensation for breach of contract.In this part,firstly this paper expounds the concept,features and functions of compensation for mental damage of default,and for the articles listed on the part of the compensation for mental damage of default case involves a series of related problems,such as the applicable situation,constitutive requirements,as well as the standard of compensation for mental damage of default and compensation should consider the factors of legal analysis.The fourth part sums up the legislation status and suggestions of spiritual damage compensation for breach of contract in China.Through the third part of the research and analysis,summed up the breach of the spirit of damage compensation of the relevant laws still exist some problems.In view of the problems summed up,the author further discusses the relevant legislative suggestions: it should take the form of issuing the relevant judicial interpretation to clarify the legal application of the spirit damage compensation system for breach of contract,the constituent elements needed to perfect the system,and the factors that should be considered to standardize the compensation standard and amount of spirit damage compensation for breach of contract.