Pure economic loss is historically an issue with both theoretical and practicaleffect,which also involving the foundation of tort law and contract law.That is why itdraws a fierce discussion among scholars, and most of them were circling around the scopeof damage compensation. There were two different defining ways to the scope of damagecompensation in the academia, the one is equal protection, the other is to distinguish theprotection.The superficial difference is weather it has such pre-clause which aims atrestricting the scope of damage compensation, but the essential difference is whether tomake a distinguish to the nature of damage with right and interest. If we don’t makesome explanations then our country’s tort law won’t draw a unique and comprehensiveconclusion on interpretative theory to the Pure economic loss issue. For this reason, thisarticle trace to its source with the method of comparative study on legislative cases, tryinghard to find out the starting point of its difference and based on which to figure outadvantages and defects to both of them, and then make sure that the better way that ourcountry’s tort law should take on interpretative theory--the equal protection. |