On The Perfection Of The Compensation System For Mental Damage

In the research and development process of mental damage compensation,whether one party can claim mental damage compensation because of the other party’s breach of contract has always been a topic full of academic disputes,so that in specific judicial practice,there are often many cases of different judgments in the same case.The establishment and implementation of Article 996 of the Civil Code seems to put an end to this debate.However,some scholars believe that the provisions of Article 996 of the "Civil Code" are not a system of compensation for spiritual damages in the true sense of the breach.First of all,this clause is stipulated in the personality rights section,not the contract section.The premise of obtaining relief is that after the personality right is violated,the actor can file for compensation for mental damage,which does not essentially break away from the framework of tort litigation.Secondly,Article 996 of the "Civil Code" limits the compensation for spiritual damages to the damage of personality rights,which will inevitably lead to a vacuum in the relief of spiritual damages for the compliers in specific contracts in real life.Guided by Article 996 of the Civil Code,this paper analyzes typical cases,sorts out the characteristics and problems of applying the compensation system for spiritual damages for breach of contract in judicial practice,and puts forward relevant suggestions for the problems,in order to promote the improvement of the compensation system for spiritual damages for breach of contract.The first part of this paper is the introduction of the case,and the research object of this paper is drawn through the commonality of the case and the difference of the judgment of the typical cases;the second part is the judicial status and causes analysis of the compensation for spiritual damages for breach of contract in my country.The third part further analyzes the rationality and necessity of Article 996 of the current Civil Code;the fourth part points out the shortcomings of the current Article 996 of the Civil Code;To improve the suggestions,it is recommended to include Article 996 of the Civil Code into the contract,judicial interpretation of Article 996 of the Civil Code,to reasonably determine the amount of compensation for breach of contract,and to strictly enforce the elements of the system of compensation for breach of contract.,to clarify the applicable limitations of compensation for spiritual damages due to breach of contract,etc.