旅游是一种以获得精神享受和愉悦的较高层次的消费行为,主要以精神消费为主,旅游合同中财和物的交换是为了达到这种精神利益目的。旅游合同精神损害赔偿成为人们关注的焦点,主流观点认为,财产责任不能提起精神损害赔偿,其中包含违约责任,笔者认为应当立足于旅游合同的特殊性,肯定旅游合同精神损害赔偿,建议完善我国旅游合同赔偿制度,以期达到更好保护旅游者的合法民事权益。 Tourism is a kind of higher-level consumer behavior which can enjoy spiritual enjoyment and pleasurable, mainly in the form of spiritual consumption. The exchange of wealth and goods in tourism contracts is for the purpose of achieving such spiritual benefits. The compensation for mental damage in tourism contract has become the focus of people's attention. The mainstream view holds that property liability can not bring compensation for mental damage, including liability for breach of contract. I think it should be based on the particularity of tourism contract, affirming the spirit of tourism contract damages, Contract compensation system, in order to achieve better protection of the legitimate rights and interests of tourists.