Compensation of Mental Damage for Breach of Contract——Theory Reflection and System Construction

At present mental damages for breach of contract are classified exclusively as tort law issue and means of litigation prone to be abused,and they are deemed difficult to quantify,liable to be violated,and punitive.They are opposed by the main stream society in China.However,research shows that none of those reasons can be substantiated.On the contrary,mental damages for breach of contract are in full compliance with the legislative purpose of contract law,and it is necessary to improve the system of mental damages to better protect the legitimate rights and encourage trading.Therefore,mental damages for breach of contract shall first of all be recognized in our country as this is a general means practiced by many countries like Britain,U.S.,Germany,France and others,and the systems for such practice shall be established and improved in China.