Research On Remedy System Of Pure Economic Loss In Tort Law

Pure economic loss has been a hot issue in the research of European law. In China, there is not enough research of the jurisprudence and the judiciary on the issue. Many scholars are very strange to the pure economic loss. At present, the pure economic loss has not yet formed a complete and clear definition. Most countries have given a negative definition to the pure economic loss.Pure economic loss is a cross-zone of the field of tort law and contract law. It is more reasonable to research the issue in the field of tort law, because the issue is mostly involved in affairs of the third person. In this paper, the author mostly study the pure economic loss that caused by negligent acts in the field of tort law. This paper comprises four parts except to introduction and conclusion.There are the basic theoretical issues of the pure economic losses in the first part. The author defined the pure economic loss and summarized the characteristics of the pure economic loss. The pure economic loss is compared with the other similar concepts such as indirect economic loss and performance interest. The author used the current doctrine of pure economic loss to classify the pure economic loss.The second part comparatively introduces remedy system of the economic loss. At first, the author researched remedy system of tort field in the civil law system. There are French model and Germany model in the civil law system. The French model and the Germany model are excellently set forth. Then the author researched remedy system of tort field in the common law system. There are Britain model and American model in the common law system. The Britain model and the American model are also excellently set forth. We can use the advanced experience of other counties to deal with the issue of pure economic loss.The third part analyzes the remedy status of pure economic loss in the area of tort law in China. The author introduced the laws and regulations of China relating to pure economic loss and determined the legal basis of pure economic loss. Then the author analyzed the feasibility of the pure economic loss remedies. The pure economic loss is introduced into our legal system to meet the requirements of the theorists and the judiciary. The fourth part introduces our remedy system of pure economic loss in China. The author selected the remedy system of pure economic loss in China. And the author limited the scope of the issue and typed the case of the pure economic loss.