Research On The System Of Compensation Of Pure Economic Loss

Pure economic loss is the outstanding performance of the economic relationship multiplication in the process of modern society development. With the appearance of a series of case types like "the case of void lawyer witnessed-will","false statement case", and "cable case", the problem of compensation for pure economic loss has become a difficult problem in the judicial practice and law study. Based on the basic national conditions of our country, through the comparative analysis of the compensation system of pure economic loss in contract liability and tort liability processing mode, it summarized related factors on the problem of compensation for pure economic loss in different legal system. From the new perspective of compensation for damage, this paper explored the types of pure economic loss, expecting to provide a new and effective way of thinking in practice and theory to solve the problem of compensation for pure economic loss in china. In addition to the introduction, this paper consists of five chapters.The first chapter is the basic theory of pure economic loss. This chapter starts from the origin of the concept of pure economic loss. Through analyzing its nature, characteristics and position in damage analysis classification system, it believes that the issue of compensation of pure economic loss is linked with many policy considerations. It needs to achieve compensation and control according to different functions of the contract law and tort law.The second chapter is about the pure economic loss compensation system under the contract responsibility. This chapter mainly discusses the implementation of compensation for pure economic loss in the relationship of contract. In view of the relative nature and predictability of the contract, it thinks that the protection of pure economic loss under the contract liability is more comprehensive. In determining the scope of compensation for pure economic loss, by comparing the law of Britain, American, German, French and other countries, it sums up the "foreseeable rule","causal relationship","direct and foreseeable rule" these three kinds of modes, so as to provide reference for the definition of the scope of damage compensation.The third chapter is about the pure economic loss compensation system under tort liability. This chapter focuses on the implementation of compensation for pure economic liability in tort liability, and discusses the differences in the intention and negligence of two different subjective states. On this basis, the necessity of limiting the liability of the pure economic loss is discussed, and proposes that it should make a comprehensive analysis of three liability aspects-fault, the elements of of obligation, and the causal relationship. The fourth chapter is the type study of pure economic loss from the perspective compensation". Through analyzing the defects of the existing pure economic loss classification, This chapter proposes to start from the claim basis of compensation, taking factors affecting the compensation as the standard, to classify pure economic loss, thus dividing four types of pure loss-pure economic loss in the contractual relationship, pure economic loss in the analogical contract relationship, the pure economic loss in special tort relationship, the pure economic loss in common tort relationship.The fifth chapter is about the perfection of Chinese law on the compensation for pure economic loss. In this chapter, aiming at the defects of pure economic loss protection in our country, it proposes the case type solution method for pure economic loss, and improves China’s pure economic loss compensation system from the perfection of law, the clearance of pure economic loss status, relevant system construction and the reinforce of judicial practice in typological research.