Study On The Mental Damage Compensation Of Tourism Contract Breach

Nowadays,as people pay more and more attention to the pursuit of spirit,more and more people meet the spiritual pleasure through tourism activities,and contract disputes occur frequently.In the process of tourism,the spiritual damage caused by the breach of contract has been controversial,and the spiritual rights and interests of tourists cannot be fully protected through the traditional dual liability relief model.However,as the travel contract itself has special attributes,this clause is not enough to solve all the existing problems,such as whether the clause can be applied in this field and does not infringe the spiritual rights of tourists.How the rights and interests should be claimed and the specific compensation standards have not been clarified.Starting from this,the author hopes to have a deeper understanding of the spiritual damage compensation in the breach of contract of tourism through the writing of this article.This thesis will focus on the following aspects to sort out and explain: First,as the introduction part,the background of the topic,research status,research purpose and significance and research methods are introduced respectively;The first chapter takes domestic real cases as the breakthrough point to sort out the existing problems in the judicial adjudication;The second chapter analyzes the significance and limitations of applying article 996 of civil Code to the compensation for spiritual damage of tourism contract breach.The third chapter explains the necessity and feasibility of constructing the spirit damage compensation system of tourism contract breach;The fourth chapter introduces the relevant legislation of the compensation system for spiritual damage for breach of contract in overseas tourism,and compares it with domestic laws to draw relevant enlightenment.The fifth chapter is the suggestion part.According to article 996 of the Civil Code and combining with the judicial practice,it puts forward reasonable suggestions on the construction of China’s tourism spiritual damage compensation system for breach of contract,mainly from two aspects of legal regulation and specific setting,and makes arguments,in order to achieve the unification of the pace of the rule of law construction.In the last part,the author summarizes the writing content of this thesis and explains the shortcomings in the writing process...