Liability For Pure Economic Loss And The Construction Of The System

Pure economic loss is the concept of European law, but a very few countries in the statute expressly provides for pure economic loss, other countries, and more only in the legal theory on this issue. Pure economic loss is economic development and the results of the increasingly close social contacts, the main discussion is the economic interests of tort law in the loss, but it's general tort damages have essential differences. Of pure economic loss, a clear what are the economic interests protected by law and which are excluded from economic benefits outside the scope of legal protection for the concrete practice of the judiciary and norms of social subjects is important. In this paper, the definition of pure economic loss and characteristics, stick to compare legal interpretation and systematic research methods, pure economic loss in China and the possible construction of a liability regime, which must be thinking.In addition to introduction, the paper is divided into five parts, the main contents are as follows:The first part describes the definition of pure economic loss and special sign. Pure economic loss is purely economic interests of the damage, it has direct, independent and uncertainties and other characteristics, it is precisely because these the special nature of the law makes pure economic loss is generally difficult to obtain compensation.The second part describes Germany, France, Britain and the United States to deal with the basic attitude of pure economic loss, on the basis of legislation and the secretary of law practice, pure economic loss issues some sort. Because conditions and historical reasons, Germany and France, Britain, and America to treat purely economic loss of the attitude of both similarities and some differences in legislation and legal theory. German law is the main difference to the protection of legal interests model will be purely economic exclusion in the general scope of tort liability; French law takes a major open the protected mode, the legislation Summarized on the protection of pure economic loss; American countries to take responsibility for the legal practice primarily exclusionary rule "principle" does not pay, "patients outside the "compensation. Of substantive law, there is no reference to pure economic loss, but there are many in the content can be inferred on the protection of purely economic interests benefits of the legal and judicial interpretation. The trial court also emerged the practice of more and more involved in the case of compensation for pure economic loss, in general, in the judicial practice of the court adopted a more stringent criterion.The third part discusses the basic kind of pure economic loss state. Like state of pure economic loss is purely economic losses are the main form. Real Practice in different types of pure economic loss, morphological diversity, the division is difficult to accurately type. In order to better understand the connotation of pure economic loss and extension, this article intends to show the most representative form of summary of some out.The fourth part of pure economic loss liability regime had built a seat ideas. I mainly from value analysis and the perspective of legal analysis of pure economic loss Compensation System for a series of ideas. Value analysis from the perspective of pure economic loss to the general schedule in addition to the scope of the compensation can better maintain social order and stability. From the perspective of legal analysis, combined with the court and the tort law rules fan of the perpetrator's conduct comprehensive judgments, and to determine whether pure economic loss compensation, the conditions to reach purely economic interests benefits included in the scope of protection the law can better protect the interests of the parties.Part V describes the main remedies for the victims of the other. Expectations through the insurance system and social relief system to eliminate those who would take to the negative consequences of damage to a stable social order based on the maximum protection of the interests of victims.