Analysis And Perfection Of Breach Of Contract Spirit Damage Compensation System

Compensation for moral damages for breach of contract has been a controversial topic since the General Principles of Civil Law,and the traditional way of assuming civil liability is mainly a binary model.The general theory is that the claim for moral damages applies to the field of tort,but with the continuous improvement of material culture in China and the higher pursuit of spiritual enjoyment,there are many contracts with spiritual interests as the main focus,and the protection of spiritual interests has gradually come into people’s attention.At the same time,in judicial practice,the number of cases of compensation for moral damages for breach of contract is also increasing year by year,and the attitude of courts around the world towards the claim of moral damages for breach of contract varies,and the phenomenon of different judgments in the same case has occurred repeatedly.Until the introduction of Article 996 of the Civil Code,compensation for moral damages was once again pushed to the tide,causing concern and reflection from all walks of life in the academia.Although Article 996 of the Civil Code provides for compensation for moral damages for breach of contract,it only recognizes that the infringement of personality rights does not affect the non-breaching party to sue for moral damages.The lawmakers did not explicitly provide for moral damages for breach of contract in the contract section,but in the personality rights section,that is,although the law breaks the precedent for moral damages for breach of contract,but still not out of the shackles of personality rights.Firstly,from the perspective of case analysis,the judicial precedents of breach of contract for moral damages in recent years are selected and analyzed in light of the different views of local courts.Secondly,we analyze the opposing views of foreign scholars on moral damages for breach of contract through comparative law,and learn from them.Third,the doctrine of moral damages is analyzed,focusing on its reasonableness,necessity and progressive significance to the judiciary;on this basis,the difference between moral damages for breach of contract and moral damages for tort is summarized,and the justification of non-breaching parties to claim moral damages for breach of contract is analyzed.Finally,the scope of application of moral damages in contract,the amount of compensation,and the restrictions that should be set to prevent excessive abuse are clarified.