With the development of our society, the relationship becomes more and more complicated. Such tendency of complication and closely relation highlights the importance of tortious liability. One question is, who will undertake the obligation, appeared in the theory of tortuous liability. Can the pure economic loss, which is not usually a consequent upon physical injury to the victim's own person or property, be one object of compensation under the tort law? This question was raised as one of the most important topics in the area of tort law. As a question that is happened in the area and overlapped by tort law and contract law, it has been a continuous issue, garnering particular attentions. With the economic loss topic is taking more proportion in the research of tort law, such a question has sparked a hot debate. There are some problems, referring to the pure economic loss, which cannot be ignored.According to the diversity of contracts and infringing act, the work of categorizing pure economic loss is continuously ongoing, which classified into ricochet loss, transferred loss, closure of public service and infrastructures, professional liability and so on. However, these types are not accepted by governments. When taking a broad perspective upon the causality referring to the pure economic loss, and accepting all the types of such loss, there will be incalculable potential infringing actors, at the same time, the number of victims will increase. When facing each type of pure economic loss, governments either narrow down the recognizing scope, or remove some related obligation on account of political consideration. And base on what can the obligation of pure economic loss be removed? For this question, we can get the answer through the economic analysis, showing that every government takes different attitude to each type of pure economic loss. In the area overlapped by contract law and tort law, comparing the solutions taken by governments may improve our understanding of the system of tort law from a whole perspective. On the basis of that, it sounds much easier to find out how the pure economic loss is compensated and controlled under the Chinese legal system, which is related to the application and explanation of legal articles.After having done an observation of pure economic loss, the article takes the structure as bellow, containing three sections. Section 1 is about the basic theories on pure economic loss, in particular, the economical analysis is concluded. The following section discusses the obligations of pure economic loss and the system of compensation in each country, the compensation and control of pure economic loss will be mentioned in the third section.The main purpose of the first section is to introduce the related conception of pure economic loss and typical samples, and analyze the meanings of these typical samples from economic aspects. First, there are two periods in historical analysis of discussion on how pure economic loss is developed which are pre-19th and post-19th. In Section3, To understand the meanings of pure economic loss from the aspects of economy, it will be looking through the economic analysis made by Prof Bishop, Prof Rizzo and Prof Bussani. Meanwhile, there will be discussion on the related cases in the court of law, and the following established principles and the considerations of social, economic and de facto policies for which exist in these rules. Subsequently, the discussion of the meaning of exclusion rule of liabilities which is based on the pure economic loss, and survey the theory and related criticisms.In Section 2, it will compare and analyze the Enactment of Legislation of each countries under the premise of basic inspection and economic analysis. There are two counter compensations of pure economic loss about Enactment of Legislations. It is helpful to understand this system and exist necessary methodology when analyzing each nation. This makes great effort to improve the basic legislation of their own country and then able to discuss any the shortcoming, which exist in these legislations, and then provide comparisons. Therefore, there are certain parts concerned about the survey of comparative of pure economic loss in this research. These chosen objects are UK in Ch1, USA in Ch2, French in Ch3, Germany in Ch4 and Korean in Ch5. Although there are comparative and analytic methods combined by China and Korea, the author believes that pure economic loss associated with the various countries in which the arguments were logical question to explore is quite meaningful. Thereat, this research uses the second methodology.In section 3, we will have a fuller understanding of nowadays the basic attitude of pure economic loss according to China in Chapterl, and then discuss the meaning of exclusion rule of liabilities which is based on the pure economic loss, and survey the theory and related criticisms. From Chapter 2 to Chapter 5 will focus on the different types of pure economic loss, specifically examining "Chinese jurisprodence perspective" in Chapter 1, the "contitutive requirements for compensation of pure economic loss" in Chapter 2, "inter-disciplinary field of Contract law" in Chapter 3, "ricochet loss"in Chapter 4, "transferred loss"in Chapter 5, and "professional liability"in Chapter 6 respectively. In these chapters, the analysis on these typical problems associated with pure economic loss, as well as constitutive requirements and detailed precedents of the each types of pure economic loss will be presented, based on the definition of pure economic loss derived from the analysis in Section 1, and analysis results from the comparative case studies in Section 2.In the conclusion part, the issue of pure economic loss in China was compiled and summarized. We also discussed the historical and economic analysis for their inspiration. In addition, through comparative law studies of pure economic loss, and case studies of various countries compared with China, we have proposed specific legal system and interpretation that is helpful for the development of Chinese law. |