Research On Compensation System Of Breach Of Contract Spirit Damage From The Perspective Of Civil Code

The discussion on the system of compensation for breach of contract has been going on for a long time in China.In the traditional academic debate,there are two viewpoints on the system: positive and negative.Before the "Civil Code" made a clear provision,neither of the two views on the system had an absolute advantage.In judicial practice,with the increase of the number of contracts for spiritual enjoyment,the lawsuit cases for the compensation of spiritual damage for breach of contract appear constantly.However,the judgment of the judicial organ is not the same,the same case is different judgment of the situation more and more,breach of contract spiritual damage compensation legislative voice is increasingly high,need to clear legislation to meet the needs of judicial practice,to safeguard the spiritual interests of the parties.On May 28,2020,The Civil Code was formally promulgated,in which Article 996 responded to the above problems,and the system of compensation for breach of contract for mental damage was formally established.This paper first discusses the basic theory of breach of contract spiritual damage compensation,including its connotation,the necessity of existence and other content analysis.On the basis of theoretical research,this paper sorts out and evaluates the dispute over the nature of article 996 of the Civil Code,makes clear that the compensation for mental damage stipulated in the legislation of Our country should belong to the category of breach of contract,and then analyzes and discusses the scope of application of this article.While affirming the positive significance of article 996,It points out that there are some defects in the system of compensation for breach of contract spirit damage stipulated by it.It should not be based on the premise of infringement of personality right and competition of liability,but should consider that the breach of certain property right and identity right will lead to mental damage,and even the pure breach of contract may lead to mental damage and so on,and should be regulated by legislation.Articles on foreign related legislation of compensation for mental damage of default analysis summary of Anglo-American law system and continental law system countries legislative cases Outlines the international trend of legislation,found that countries are gradually recognition and expand the application of the system of compensation for mental damage of default,its contract typed way to limit the practice of the system,It also provides reference for the further development and improvement of relevant legal system in China.At the end of the article,aiming at the improvement path of the spiritual damage compensation system for breach of contract in Our country,the author proposes to expand the interpretation of the category of "breach of contract loss" in the contract part of Civil Code by means of judicial interpretation,so as to construct the spiritual damage compensation system for breach of contract which is parallel with the spiritual damage compensation for infringement of property.At the same time,the application of this system in the contract book is limited from the types of applicable contracts,applicable conditions and restrictive principles,so as to avoid the abuse of relevant power,so as to build a perfect mental damage compensation system for breach of contract in Our country,meet the needs of relevant judicial practice in our country,and realize the purpose of establishing this system by legislation.