关于违约责任中是否适用精神损害赔偿一直以来争议颇大,我国至今在立法上未作明确规定,但司法实践中却客观存在,现实生活亟待要求解决这一问题。从保护受害方利益出发,对违约适用精神损害赔偿是非常必要的,但应有一定的限制范围,我国应在借鉴国外立法经验的基础上,在立法和司法中明确它的法律地位。 There has been a lot of controversy over the application of compensation for moral damages in the liability for breach of contract. Up to now, there is no explicit stipulation in our country's legislation, but in the judicial practice, it exists objectively and the real life needs to be solved urgently. In order to protect the interests of victims, it is necessary to apply the compensation for moral damages to breach of contract. However, it should be limited in scope. China should clarify its legal status in legislation and judicature based on the experience of foreign legislation.