Fault Tort Compensation For Pure Economic Loss Problem Research

Since the 1960s,in the field of tort law,pure economic loss has gradually attracted more and more attention of scholars in different countries.Fundamentally,we can define pure economic loss as economic or monetary loss which is not concerned in personal injury or property loss of the infringee.Pure economic loss is not compensated for in many countries."The proverb in Roman law says 'no damage means no liability'.Whether the damage exists or not,is the logical starting point of judging tort."Should pure economic loss be damage? Why is pure economic loss not compensated for in Anglo-American law countries and most European countries? Should pure economic loss which is not concerned in contract be remedied in torts? Should pure economic loss be recoverable in contract law or torts or both? Is division and classification useful for the dealing with pure economic loss?In this thesis I compare the differences between pure economic loss and other damage which is recoverable in most countries,and analyze the differences by means of jurisprudence and economics.I come to the conclusion that the preclusion of compensation responsibility of pure economic law in torts cannot meet the requirement of justice and will raise the social cost.In this thesis I discuss the history of development and practical effect of pure economic loss rule in Anglo-American law countries and German law in detail and believe there can be many short comings in the pure economic loss rule as a mechanism of controlling liability.After summarizing the rules of dealing with pure economic loss in China,I think French way of controlling tort liability,which is controlling the liability in traditional way and deny the right of choose tort liability when there exists a contract relationship,should be adopted in China.The method of classification in Anglo-American law should be learned to direct our justice by the local people's courts through the way of making judicial interpretation of the civil law by Supreme People's Court.Finally,I propose suggestions to new Chinese Civil Code.