On Product Liability In Pure Economic Loss

Pure economic loss belongs to a tort law system for its new subject, theorists have not many, and discussed the pure economic loss product liability is more uncommon, whether in theory or in practice not to much attention. But with the development of social economy, pure economic loss in product liability caused more and more attention, in practice, some court has made the decision to protect. Therefore, it is necessary for us to give this one form of economic loss on the necessary attention. Therefore, this article will through comparative study, for product liability of pure economic loss on theory and practice in our country, the investigation to construct a workable for product liability of the pure economic loss of remedies system. The article is divided into four chapters discuss:The first chapter of the definitions of pure economic loss as a starting point, the pure economic loss through with indirect losses, positive and negative damages, perform damage the interests of the interests and trust comparison, reveal the basic connotation of pure economic loss. Think, pure economic loss means victims have suffered direct their person or property rights not related economic losses. Pure economic loss invisibility,, direct sex, with the characteristics of uncertainty for product liability following in the concept of pure economic loss analysis, reveals as pure economic loss in product liability item under the basic concept of pure economic loss and summarized according to its characteristic pure economic loss in product liability of basic types, think, product liability refers to the pure economic loss suffered by the victims by defective products directly caused by the person or property of its independent financial losses, including transfer losses, reflection losses, product itself damage and its related loss can cause loss of expectation interests.The second chapter basically through comparative study method to pure economic loss in product liability, from theory investigation, this article explores the judicial and legislative investigation of product liability investigation in the Angle of pure economic loss problem in research, analysis of various views and legislation, explore the pros and cons of relief pure economic loss in product liability faced with the contract protection theory of infringing protect living space of controversy, legislation and judicial practice dispute relief.In the third chapter discusses for product liability of pure economic loss to the status quo, the relief in the current legislation and judicial practice in China for historical analysis of the pure economic loss in product liability faced no specific relief legislation stipulation, the judicial practice relief difficult and not being generally people understand etc dilemma, further reflects strengthening our country to pure economic loss in product liability of civil law system is perfect relief request inevitably, is the inevitable requirement of perfect product liability in our country, and on the loss of relief whether in theory or in practice are feasible.The fourth chapter according to the research results of the above trying to construct meets the actual product liability pure economic loss relief system, think, China should adopt tort law protection mode, responsibility constituents including causal relationships, damage the facts and subjective fault, and limited in product liability compensation principle of pure economic loss in the compensation is especially important, its basic ways is through the responsibility of the components of the causal relationship between the fault and that of the determination, derogations obligation, public policy to restrict the pure economic loss in product liability of compensation range.