Pure Economic Loss

Pure economic loss is due to the common law on the legal concept, what is a "pure economic loss", scholars opinion and views. German professor Von baer (Von Bar) defines a representative sample of pure economic loss comb into two kinds:one kind is intuitive description of its defined as those who do not depend on the content of damage or loss arising from the body and health damage; Expression is a kind of system will be defined as not protected by law by the rights or interests from the infringement of the damage. The former main interpretation of the "invisibility" characteristics of pure economic loss, the loss is different from tangible personal rights and property rights. While the latter mainly shows that "even" pure economic loss characteristics, general difficult to obtain compensation. With the increasing development of social economy, people need to be increasingly diversified, law as the last defense line of maintaining social order, and impossible to protect the interests of all parties are needed, there are always some in the law of marginal benefit. Pure economic loss, therefore, the second definition is to draw it for outside of the legal protection the interests of the loss. So, the category of pure economic loss can be roughly outline for "no direct contact with any person or property, invisible to also can’t loss of relief. Problem seems very simple, the facts otherwise, not means, and to grasp from the nature of the content. Obviously, the "invisibility" is only on the physical description of the concept of pure economic loss. At the same time, the "even" as some countries to pure economic loss had ever upholds the basic attitude, but also a most countries to achieve the fairness and justice of the case, the varying degree of the victim in the case of specific types of pure economic loss in flexibility, make compensation in the form of exceptions. In order to prevent the pure economic loss compensation is applied too, many cases have created a variety of "filter", should be compensation for pure economic loss from filter to filter out other similar cases. If free of sex in the pure economic loss concept has just was born at the beginning of the main significance lies in the name of all kinds of pure economic loss to beyond the scope of compensation, it shows that so far, if you will still be "free of" simple indeed as the pure economic loss characteristics of the actual far-fetched.This concept has been scholars as Greek mythology "(GordianKnot)" the fact that a law problem, in order to see the color, we can’t stay in the existing definition of simple, but to further research and typing and comparison the two research methods. Of course, these two methods are consistent, cannot be ignored, from the perspective of comparative law perspective necessity of typing method. Pure economic loss frequently occur in practice, and types. But at the same time, by itself contains invisible loss characteristics, so it is hard to find a standard or uniform constant loss "filter" to define what is to be able to get support, which can’t be supported; If can get compensation, so what is under the framework of the contract law or under the tort law framework for compensation. As a result, most countries in case precedent and legislation are consistent to the typed research method will this concept into several types, and different types of pure economic loss according to the different compensation system and selection criteria. This paper will mainly use the typed and comparative law research methods are discussed.This article is divided into four parts:the first part of an overview of the pure economic loss, this part mainly explains the concept and characteristics of system of pure economic loss, the types of pure economic loss, a preliminary discussion on what is a pure economic loss; The second part of pure economic loss related theoretical basis and legislative model, through this part mainly discusses the support or no compensation for pure economic loss compensation theory basis; The third part expounds the foreign related to pure economic loss in German law, English law, etc. The application of the system and regulations for reflection, to seek the existence of the system according to and the feasibility of the compensation; Fourth part to our country related to pure economic loss in the current situation, through concrete examples are enumerated, and draw lessons from foreign reasonable rules of the system, and then choose the suitable for China’s national conditions of pure economic loss related legislation.