违约精神损害赔偿刍议

On the Compensation for Mental Injury Caused by Breach of Contract

通过对最高人民法院《关于确定民事侵权精神损害赔偿责任若干问题的解释》中违反合同不得请求精神损害赔偿的规定的研究以及对当今各国违约精神损害赔偿立法的考察,论证了违约精神损害赔偿的必要性与可能性,并对我国违约精神损害赔偿制度的设计提出了初步设想。

After studying the prohibitive provision concerned the compensation for mental injury coused by breach of contract, which is expressed by a judicial interpretation of the Supreme People′s Court, the interpretation on the liability for compensation for mental injury caused by tort, as well as the relevant statues throughout the world, the author argues that it is necessary and possible to support the compensation for mental injury caused by breach , and then puts forward some suggestions in the establishment of the device of the compensation.