Research On The Tort Problem Of The Pure Economic Loss

Through discussions both at home and abroad for so many years, The concept of Pure economic loss for us have not strange, but this problem still is not clear because of the broad denotation of pure economic loss and the complexity of the problem. It is been on research recent years in our country still in a preliminary stage, but the problem of the Pure economic loss has been a hot and difficult. With the increasing economic development, Pure economic loss has occurred at any time in our daily lives. Whether civil law or common law, Pure economic loss has not been a unified approach. English is the earliest country of concerned about this issue, in the case had gone through a selective compensation process. Despite some pure economic loss have been classified, but there will be some new pure economic loss in the life, so it is necessary to conduct in-depth study on this issue.Simply, Pure economic loss is a kind of economic loss of suffered from the victim, human’ s behavior does not directly harm the victim’s physical integrity, and property. Pure economic loss penetrates two areas of the tort low and contract law. Countries have made the same view that the fulfilled interests and the trusted interests in field of contract can be included in the scope of pure economic loss, this is no longer discussed in detail. Whether the Pure economic loss should be made explicit provision in the legislation? Whether compensation should be? And how to compensation? These will be discussed in this article, Through studying the mode of British.American.Germany, France, summed up the mode suitable for our country. Tort Liability Act for the July2010implementation have not purely excluded compensation of pure economic loss, but have not in-depth study of this problem, this will should have in legislative in the completed of problem handed judicial to processing, undoubtedly increase the difficulty and uncertainty of Justice on this issue, and the resulting judgment is not uniform, so I propose the type of norms in tort for pure economic loss. A selective mode of compensation, after all, it is difficult to balance the interests of victims and perpetrator’s freedom of action.This article is divided into five chapters:The first chapter introduces some of the definitions of pure economic loss in the domestic and foreign, pure economic loss’s legal characteristics and the relationship of other loss, theoretical orientation of its and significance in the research in this article.The second chapter is some typical processing model about the British and American of common law, the Germany and France of civil law. Hope that though studying find out more suitable model to China.The third chapter analysis the considered factors of the two legal systems exclude the rules. Analysed aspects of rationality and irrationality from the flood of litigation, insurance factors, uncertainty, the legal system balancing factor, the value level factors to social subjects freedom of action and should have to endure factorsThe forth chapter describes the present situation of pure economic loss in our country, analysis of the relevant case law and points out the problems faced by our country in the pure economic loss.The fifth chapter builds the main mechanism for pure economic loss in tort liability in our country. Through the analysis of the respective advantages and disadvantages of the general terms and types, we draw out some aspects of pure economic loss that can be typed. Through analysis the control mechanism, we obtained that should control the causal relationship.