我国民法、合同法发展至今,仍然没有明文规定违约责任下的精神损害赔偿。但司法实践中已经出现了承认违约精神损害赔偿的苗头。法学理论应与时俱进,随着违约责任与侵权责任差别越来越模糊、精神利益财产化以及人们对精神利益的愈加重视,违约精神损害赔偿入法应是必然。 Since the development of civil law and contract law in our country, there is still no express provision for compensation for moral damages under the liability of breach of contract. However, judicial practice has emerged to recognize the spirit of compensation for damages of the signs of the breach. Law theory should keep pace with the times. As the difference between the liability for breach of contract and the tort liability becomes more and more vague, the property of spiritual interests and the people pay more attention to the spiritual interests, the compensation for breach of contract damages should be inevitable.