Research On The System Of Protection Of The Pure Economic Loss

Pure economic loss is a special type of losses, which is due to the development of society and economy. It is a loss which is caused directly by the tortfeasor without the property losses and personal damages.The study object of this thesis is the protection of pure economic loss. According to their specific circumstances, the countries have developed a unique processing mechanism. The author makes comparison among the relative legislations of several nations of the common law and the civil law, especially in the protection of pure economic loss. Then analyzes the contemporary laws and regulations of PRC, which point out the shortages of the current legal system, and then illustrates suggestions about pure economic loss processing mechanism.In chapter Ⅰ of the thesis, the definition on pure economic loss is firstly been made on a theoretical basis, and clarifying the characteristics of pure economic loss, like indirect, economic, direct function, uncertain. In order to embody the abstractness of pure economic loss, the classifications of pure economic loss have been made.In chapter Ⅱ, it is mainly to introduce the methods of the typical foreign countries on the damages of pure economic loss, including the British pragmatism protection mode, French liberalism protection mode and German conservatism protection mode. Through the analysis of pure economic loss protection mode, we will find that, no matter which kind of protection mode we have chose, the objective is to seek a reasonable degree between the legal justice and efficiency to balance the distribution of interests.In chapter Ⅲ, the author analyzes the nature hiding behind the laws and regulations, why the countries generally limited protection of pure economic loss. It mainly dues to the impact to the policy considerations and law theory of value. The policy factors include the following five points,"flood-gate" theory, to protect the general freedom of subject behavior, superior legal interest factors, economic perspective, balance of legal system.In chapter Ⅳ, there is a general introduction of pure economic loss protection mechanisms in Chinese current legislation. The author set out the types of pure economic loss which is protected in the current laws and in the judicial practice, the author also point out the problems in our judicial system.Chapter V is the key part of the thesis, the author illustrates suggestions about pure economic loss processing mechanism. The suggestions mainly include the following aspects, German conservatism protection mode is more suitable for Chinese national conditions, giving full play to the general terms of the Liability of Tort, typed protection for pure economic loss, giving full play to the Supreme Court judicial explanation.