| Whether or not the contract breach liability includes spiritual damages,there have been many disputes in the theoretical and practical circles.We have always applied the “two legs” of liability for breach of contract and tort liability.It is these two key elements that have supported our relief system.In our traditional thinking,only spiritual compensation exists in the relevant legal relations of infringement.In the contract area,the right holder can only claim compensation for the property in breach of the contract.However,as our lives are changing with each passing day,people are increasingly pursuing spiritual pleasure and their own spiritual interests.Traditional methods and thinking cannot solve new problems in our lives.Therefore,we have to find a new path to solve this type of problem,that is,to establish a system of compensation for mental damages in breach of contract.This article mainly uses a related typical case to discuss the above problems,and to show that the system should have corresponding living space in our country.At the same time,this article will discuss the legitimacy of the compensation system for breach of contract mental damage from the perspectives of necessity and feasibility,including the value of justice,the development trend of legal history,the rights and interests of all-round protection of rights holders,the unity of judicial adjudication,the principle of predictability,and judicial practice.Experience and other perspectives.In the end,this paper introduces the ways in which the system can be justified in China,including limitations on the scope of application of the system,restrictions on the application conditions,and expansion of the judicial interpretation.Unlike other articles,which focus on refuting the reasons put forward by opponents of the compensation system for breach of contracted spirits,the article focuses on the “establishment” of the system,focusing on the content of both the necessity and the feasibility of the system.Demonstrate its justification.Learning from the advanced legal ideas and systems in foreign countries is the only way for the development of a country’s laws.Therefore,the second part of this paper introduces the relevant foreign systems in categories,and on the basis of analyzing China’s national conditions,the third part of the system can be justified. |
