On The Application Of The System Of Compensation For Breach Of Contract Mental Damages

The compensation for mental damage for breach of contract refers to the negative emotions and mental pain caused by the stimulation of the breach of contract.With the development of economy and the improvement of people's demand level,people pay more and more attention to the compensation for mental damage in breach of contract.In the trial practice before the promulgation of the Civil Code,the number of cases claiming the compensation for mental damage for breach of contract has been increasing,and there are conflicts in the position of application.The theoretical controversies of this system mainly revolve around the concurring of liability,the principle of foreseeability and the unquantifiable nature of mental damage.On this basis,Article 996 of the Civil Code stipulates the compensation system for mental damage for breach of contract,which is another institutional innovation.However,there are also some problems,such as vague meaning and unclear application scope,which need to be further clarified.On the basis of the judicial status quo,extraterritorial norms and theoretical disputes in our country,this paper lists and analyzes the contract types that should be applied to the compensation for mental damage for breach of contract in our country,and puts forward some opinions on the constituent elements of the compensation for mental damage for breach of contract.In the aspect of measuring the amount of compensation for mental damage,this paper summarizes the problems that exist in China,such as the confusion between compensation for economic loss and compensation for mental loss,the lack of uniformity in calculating methods,and the inconsistency in measuring standards of mental compensation in various places.On this basis,the model of measuring factors of compensation for mental damage in breach of contract is improved,and the analytic hierarchy process is proposed to measure the amount of compensation for mental damage.Through this way,it can play a certain reference role to the application of the system of compensation for mental damage for breach of contract in our country.