Discussion on The Establishment of Compensation System for Moral Damage in Breach of Contract in China——Reconsideration about Remediation of Moral Damage in Breach of Contract in China

According to the current laws, when tort and breach of contract concur, moral damage can only be redressed through tort action, but compensation for damage of performance interest can not be converted simultaneously. Damage in concurrence of liabilities can be redressed fully only with the establishment of compensation system for moral damage. The emergence of subordinated liability in modern contractual relation is the jurisprudential basis for the establishment of the system. This makes remediation range of breach of contract head for tort liability. On the basis of comparison, four ideas are presented about the establishment of compensation system for moral damage, and it is thought that Article 112 Contract Law is the legal basis for the system.