Study On The Pure Economic Loss Compensation System

Pure economic loss is a direct economic benefits loss or the financial benefits loss to the victims. It is not caused by the victims's indirect personal or property damages, or it is not caused by the personal rights loss of the victims. At first, pure economic loss is the concept of Anglo- American law, later, the countries of the civil law begin to study and research it to explore using pure economic loss to protect the interests that the law does not specify.Compare with other countries, the study on pure economic loss is later in our country. And the relevant laws do not specify pure economic loss so it is very hard to get relief and protection to the victims. The article will adopt cases analyze way and comparative analyze way, from the basic theory problemes of pure economic loss to analyze and compare two different processing pattern of the two law systems. Also it will combine with the relevant law existing to the importance and sexual of analysis of improving pure economic loss compensation system, and later put forward some suggestions for improving of the relevant laws. The structure is mainly divided into five parts:The first part is mainly about paragraphs of pure economic loss on the concept, features and the type. And analysis of pure economic loss's position in the damage classification. Through some relevant theories to establish the foundation for the next research.The second part is mainly about eliminate rules of the pure economic loss compensation system. Most countries in particular in the Anglo- American law countries generally do not provide relief for pure economic loss especially the pure economic loss caused by fault conducts. This is largely because of some policy factors, for example, water sluice theory, control theory and so on. Analyze these policy factors, I find that their convincing is low, so I propose some thinking.The third part is mainly about study on comparing two different processing pattern in the four countries, France , Germany, British and American of the two law system. And analyze torts and contractual obligations caused by pure economic loss in the four countries. British and American belong to typed protect pattern, France belongs to general terms protect pattern, Germany belongs to expanding protect pattern of contract effective. On this basis, more theoretical results appear, in these article they analyze and compare the attitudes and practices in different countries.The fourth part mainly introduce some provisions in relevant law in our country. Our legal system does not eliminate pure economic loss compensation system, but it exist some defects.The last part is to propose my analysis and recommendations on improving pure economic loss compensation system in our country. From the importance and sexual of pure economic loss compensation system, it should establish general terms protect pattern and should classify pure economic loss in improving relevant system. Consider some related factors when dealing with specific pure economic loss cases. For example, we must consider causality, treated differently pure economic loss caused by deliberately or fault, necessary element judgement and compensation amount.