| With the development of economy and society,the main social contradictions in our country have changed,and the types of special contracts on spiritual interests are increasing.However,the compensation for mental damages for breach of contract is controversial both in theory and in judicial practice,and such disputes are increasing in judicial practice.Although Article 996 of the "Civil Code" responds to this problem,however,the unclear legal attributes,limited scope of application,and unclear constituent elements have greatly reduced the interpretation and practicality of the law,and there are still differences in judicial practice.Judgment,to a certain extent,damages judicial justice,and is inconsistent with the concept of justice for the people.This article draws out the problems in this field through the cases in recent years,and then analyzes the problems in combination with the provisions of the "Civil Code" on this problem,then analyzes the current problems in jurisprudence,and finally pays for the spiritual damages for breach of contract The improvement of the system puts forward my humble opinion.In addition to the introduction and conclusion,this paper consists of three parts.The first part: Case introduction.Briefly describe the facts of the case and the judgment results,draw out the relevant issues about the compensation for mental damages for breach of contract that will be discussed in this article through the case,and then briefly state the issues to prepare for the legal analysis below.Part Two: Jurisprudence analysis.Firstly,it discusses that the compensation for losses caused by breach of contract should include spiritual losses and discusses the legitimacy of its expanded interpretation.Next,it discusses two opposing viewpoints on the application of breach of contract mental damage in theory,and then expounds the point of view that this article agrees to affirm the compensation for breach of contract spiritual damage.Then it briefly analyzes the scope of application of compensation for breach of contract,which types of contracts should be included.Finally,strictly limit the constituent elements of compensation for breach of contract mental damage to prevent its abuse.Part III: Case study conclusions and implications.Through the analysis of the first two parts,on the basis of combining the actual situation of our country and drawing on the theory and judicial practice of foreign countries about the system,the law clearly recognizes the establishment of the compensation system for mental damages in breach of contract,and interprets the expansion of the loss caused by the breaching party as mental damage.At the same time,the stability of the system is maintained by limiting the scope and constituent elements of the compensation system for spiritual damages in breach of contract. |
