On The Perfection Of Compensation System For Spiritual Damage In Breach Of Contract In China

Before the promulgation of the civil code,China’s traditional civil law theory has always distinguished the ways of bearing civil liability in a strict dual mode.For the party’s claim for spiritual damage in the lawsuit for breach of contract,it is often necessary to file another tort lawsuit to obtain relief.However,the continuous development of economy has given birth to many new types of contracts.In practice,the phenomenon of different judgments in the same case on compensation for mental damage caused by breach of contract continues to appear.More and more scholars call for bringing spiritual interests into the protection scope of contractual relations.Article 996 of the civil code is groundbreaking: "if one party’s breach of contract damages the other party’s personal rights and causes serious mental damage,and the injured party chooses to request it to bear the liability for breach of contract,it will not affect the injured party’s request for mental damage compensation." This article makes a positive response to the relationship between breach of contract and spiritual damage compensation for the first time,connects the problems in the two fields of responsibility,breaks through the view that the traditional civil law theory cannot advocate spiritual damage compensation in the liability for breach of contract,and solves the contradiction between theory and practice to a certain extent.However,whether China has really established a perfect compensation system for spiritual damage in breach of contract is still in doubt.Starting from the judicial adjudication of compensation for mental damage for breach of contract in China before the implementation of the civil code,this thesis discusses the causes of different judgments in the same case,specifically analyzes the important value of article 996 of the civil code and the problems existing in its application,and selects the corresponding systems of Britain,the United States,Germany,France,Japan,Chinese Taiwan and international legal documents for comparative study,It is proposed that China can learn from the experience of extraterritorial legislation and combined with the basic national conditions to improve the compensation system for spiritual damage in breach of contract.Firstly,the concept of "legal interest" and liquidated damages system are introduced into the compensation system for mental damage in breach of contract to establish a more comprehensive relief system.At the same time,the term "loss" in the contract is expanded and explained to bring the compensation system for mental damage in breach of contract into the framework of contract liability.Secondly,further clarify the specific scope of application of the mental damage compensation system for breach of contract,so as to avoid indiscriminate litigation and make the application of the system more standardized in judicial practice.