Pure Economic Loss In Torts

Along with the development of human society, people increasingly associatewith each other. While people fully enjoy the benefit of the social progress, their owninterests are also often violated by others. The development of ruling by the lawsinfringes human behavior into a rational frame of order and when people’s interestsget violated by others they could seek for remedies with this framework. Thus wecome up with and unceasingly develop Tort liability law and contract law and runningbehind the responsibility for interests and contracts violated becomes the main meansof remedy. However, despite the tort law system and contract law system having gotlong-term development in all respects and they share some of the respects, theirindependence embodies the lack of tension and vacuum area between them isincreasingly obvious. Thus many losses cannot be remedied by referring to the twolaws and pure economic losses occupy a larger portion of this vacuum area.The problem about the pure economic loss has long been studied abroad andrarely mentioned in China. No compensation rule is the referee rule which has beenthe dominant in the field of the pure economic loss chronically. Based on the researchabout the characteristic of the concept of the pure economic loss, the classifications ofthe existing forms and the analysis of the compensations rules，and the rethinkingabout the current law systems，this essay tries to sort out the frame of the study of thepure economic loss primarily.This essay obtains from the concept and the characteristics of the pure economic loss, draws lessons from the experience of Europe’s legislation and judicial practice，revolves the choice around processing mode of pure economic loss，and makes thediscussions about it in the following parts：The first part is an overview of the pure economic loss. It mainly analyzes theconcept, characteristics and types of the pure economic loss and its relations with therelated losses.The second part is comparative research about the pure economic loss. Itmainly analyzes the processing mode of the pure economic loss in the Europeanrepresentative countries and the enlightenment to our country.The third part is the general rules and the reasons for the pure economic loss. Itmainly analyzes the exclusionary rules and the reasons，and discourses on the bothsides between the perspectives of the law and the economics. It also summarizes thewidespread adoptions of typed cases of pure economic loss compensations.The fourth part is about the status quo and the development of the pure economicloss in our country. It mainly analyzes the status quo of the legislation and the justice，and draws lessons foreign legislation and judicial practice，combining with the currentsituations to put forward the related suggestions on the processing mode of theeconomic loss in our country.