The Analysis Of Pure Economic Loss And Its Compensation System

Along with the development of the economic and legal situation, pure economic loss is the legal concept that gradually established in practice. Unlike the damage of personal right and property right, pure economic loss is referred to directly suffering non-property or personal disbenefit, which is used in the continental law system and the common law system. In order to meet the economic development, the legal concept of pure economic loss has been established by breaking through the traditional legal concept.In common law system, due to the "relativity" of the contract, most relief of the economic loss is regulated by the tort law, judges have developed many new cases type to relief the party of pure economic loss by creation of the "duty of care" criteria in the legal practice, such as misrepresentation case etc. However, French law and German law of the continental law system, make compensation for the pure economic loss by extending the Applicability of contract law, such Collateral Obligation, actual contract, With additional protection for the third party interests contract, Social security duty, etc.The author thinks that our country does not have to introduce the concept and definition of the pure economic loss immediately, since they are still in the stage of analysis. The clear part can be performed according to the existing regulations, and the others should be protected by the design of the genre protection. In addition, we can establish some genre reference by the judicial interpretation of the Supreme Court or the Official Reply of related cases. The pure economic loss should be certain restrictions beside the protection, so that to reach a relatively reasonable balance between compensation and protection.