Study On The Legislation Of Compensation Of Pure Economic Loss

In overseas compensation of pure economic loss has being not only a hot issue in the academic, but also a problem which has difficulty in operating in judicial practice. The reason is that it is not caused depending on the personal injury or property damaged, but it is a kind of pure money loss which has no relationship with personal injury or property damaged. Because the compensation of the loss involving the protection of personal interest and balance of public interests. In overseas, the attitude towards this issue has experienced a long transformation. In the beginning, they rejected the compensation, gradually took typed treatment to discuss this issue and created some applicable theories and principles for the problem. These have very important significance to deal with compensation of pure economic loss. Some types of compensation of pure economic loss can reflect the laws'protection for economic interests and maintain good social order. Our county researching on this problem has rising in recent years. Analysing relevant legislation on pure economic loss at present in our county, we can find that our relevant laws and regulations on this problem are not detailed and in-depth. In judicial practice, we are having difficulty in dealing with the compensation of pure economic loss. This article discusses the compensation of pure economic loss, and hopes to make useful contributions to perfect system of compensation of pure economic loss for our country, make such problems can be solved effectively in judicial practice.This article applies the methods of literature research and comparison analysis. Based on elaborating the basic theory of pure economic loss, this article introduces the foreign legislation of compensation of pure economic loss, analyses the legislation of compensation of pure economic loss and typical judicial precedents at present in our country, and proposes several thinkings for perfecting the legislative model and legislative contents on compensation of pure economic loss. This article is divided into four parts.The first part explains the basic theory of pure economic loss. Based on analysing the connotation, the characters, the types, the difference among related concepts and the academia's views on its compensation or not, explains the system value of compensation of pure economic loss.The second part introduces Germany, France, Britain, the United States and international organization's methods of dealing with this problem, makes a comparison and summary of these methods, in order to provide reference on dealing with this problem for China. The third part introduces the relevant legislation of compensation of pure economic loss and the typical judicial precedents in our country, and analyses them, points out the defects of compensation of pure economic loss in current legislation of our country.The fourth part puts forward legislative proposals of improving the problem in our country, it mainly includes:which legislation pattern should be adopted? When compensate some types of pure economic loss, how should we confirm the subject of rights, the compensation extent, the compensation standard and so on.