旅游合同违约之精神损害赔偿的法律研究-法律专业毕业论文.docxVIP

ABSTRACT ABSTRACT The traditional civil law, damage generally can be divided into property damage and mental damage, only the tort law is the compensation for mental damage, with the progress of the times, the development of society, national laws and precedents for mental damage in breach of contract caused by the behavior of compensation, especially for the tourism contract this spirit benefit oriented in the contract the tourists for breach of contract, by the spirit of damages, whether can request the spirit damage compensate question, at present there are still disputes. The main purpose of this paper is to analyses of default compensation for spiritual damage in the tourism contract, put forward the legislative suggestion of damages for breach of tourism contract in China. This paper is divided into five parts, the first part of the tourism contract spirit damage and compensation for the related theoretical analysis; the second part introduces the civil law countries and common law countries for the system of compensation for mental damage in breach of contract law and case. The third part is our country traveling contract damages for breach of the status of legislation and judicial practice. The fourth part is the existence of the compensation system for moral damage in breach of travel contract in the legitimacy and rationality analysis. The last part, is to set up some suggestions on Chinas system of compensation 2 ABSTRACT for moral damage in breach of travel contract. The author. From five aspects, the comprehensive recommendations system of compensation for spiritual damage by breach of conditions in the tourism contract shall in china. KEYWORDS：Tourism contract, responsibility of breach, moral damage 3 目 录 目 录 引言 ..................................................................... 1 一、我国旅游合同和精神损害赔偿制度相关概念 ............................... 2 （一）旅游合同的定义 .................................................. 2 （二）旅游合同的特征 .................................