Research On The Compensation Of Pure Economic Loss

For pure economic loss(hereinafter refer to the "PEL"), no matter the scholars or the lawyers all feel a bit unfamiliar in China, but the European always talk about it. Due to the development of the market economy and the enhancement of contact among people, PEL has been given more attention than before. From rejection to conditional acception, the change of our attitude to the compensation of PEl has passed a long time. Essentially speaking, PEL is a problem about the extent of compensation. Now it is necessary for us to research the compensation of PEL, because there have been many judicial cases of this kind happening in our country. I hope this article can give some helpful advice.The introduction part lists several famous cases about the compensation of PEL, which happened in recent years in our country and provide materials for our research. The first chapter analyses the definition, character and classification of PEL. PEL have got several different definitions, but in summary it is a financial loss which happens directly and does not depend on the property losses and personal damages. Independence, financial and incertitude are remarkable characters of PEL. I agree to classify PEL to four kinds: reflection loss; transferred loss; PEL caused by the close of the market, the road and the public service; PEL because of our trust on the error message and the professional services.The second chapter mainly introduces the way how other countries handing the problem of the compensation of PEL, such as the France mode, the Germany mode, the England mode and the America mode. Their advanced experience is worth to learn from. The third chapter analyses the reasons why PEL can not gain compensation and these reasons include:the theory of floodgate; the suppressing theory; the consideration of the grade of human values; the determinacy of law; the consideration of the relationship between the liability for tort and the responsibility of breach of contract. Though these reasons are very strong, when we introspect them we can also find their weak side and we can get a conclusion: we should not cut it even at one stroke for the compensation of PEL.The fourth chapter analyses the situation of our country on this problem not only in the legislation part but also in the judicial practice. There are regulations about PEL in The General Rule Of The Civil Law, The Contract Law, Law On The Product Quality, The Securities Law and so on. The Law on the Liability of Infringement, which was put into force recently, established the basic mode on this problem. These legislations do not definitely reject the compensation of PEL, but most of the judges in our country keep a cautious attitude to it. Some of PEL are admitted by judges because they are regulated in some judicial interpretation issued by the Supreme People's Court. The third section of this chapterⅠoutlook the future of the compensation of PEL in our country. I hope our legislation can absorb PEL and fully use the case instruction system, at the same time importing the mechanism of typisierung.