旅游合同违约责任中的非财产性损害赔偿探析-法律学专业毕业论文.docxVIP

1 1 2 2 Abstract As service contract which is aimed to satisfy the spiritual interests of the tourists, It is nameless contract in Chinas Contract Law, but the Tourism Law （October 1, 2013） to be named Travel service contract. In order to facilitate the wording in this article still use the expression travel contract, its meaning is equivalent to the travel service contract. While receiving litigations on such contract disputes, the court will judge by the general civil law theory, according to which that compensations for non-property damage are only out of liability for tort rather than responsibility for breach of contract. Thus, it is rarely to meet with cases under which the court will order the travel operator to compensate non-property for the tourists by the responsibility for breach of contract in practice.However, it is a fact that the nonperformance of the tour operator will make damage to the spiritual interests of the tourists. Then the rights to ask for compensations for non-property damage of the tourists will be at the risk of not being protected in comprehension. In our present legal remedy model, only when the tour operator constitute the tort liability or both tort liability and liability for breach of contract, can the tourists have the right to prosecute on the name of tort to ask for non-property compensations (merely for mental impairment compensations legally); when the tour operator constitute the liability for breach of contract, the tourists have the right to prosecute to ask for non-property compensations on the name of being breached. Considering that it is still not defined in the Contract Law yet, while the Tourism Law is not carried out either, there is lack of unified judgment on the non-property compensations for breach of contract in juridical practice. Then, in order to fulfill the function to protect the private interests of the civil law, the undertakers in theoretical circle, the legislative circle and in juridical circle shoul