Research On The System Of Compensation Of The Pure Economic Loss

The pure economic loss is the topic which is actively discussing in the comparative law of the various countries. The choice of the mode of the pure economic loss protection , directly involves to the division of civil liability for tort and civil liability for breach of contract in the civil liability law of a country interior, involves to the balance of victim protection and the protection of civil subject behavior free. Because there is not sufficient attention to the concept of the pure economic loss in the theory of tort law of our country, the relief to the pure economic loss is not certainly full. In the background of drawing up civil code of our country, it can provide a new angle that is different from the traditional theory to examining the division of contract law and tort law. This article attempts to analyze the processing mechanism of the pure economic loss which comes to being in the system of civil law and Anglo-America law system, summarizes characteristics of the processing mechanism and the policy consideration factor behind these processing mechanism, then carries on the discussion of the construction and the consummation of processing mechanism of the pure economic loss of our country, hopes to give my pygmy effort into the theory and the system of the pure economic loss in the our country. This article divides into three chapters: chapter one, the concept of the pure economic loss and localization. Chapter two,an observation on the processing mechanism of the pure economic loss in comparative law. Chapter three,the present processing mechanism of the pure economic loss and expectation.In chapter one, we start with the concept of the pure economic loss. After analyzing various viewpoints on the concept of the pure economic loss, we carry on the summary to the pure economic loss characteristic.