Research On The Compensation Of Pure Economic Loss

With the rapid development of world’s economy globalization, business activities and economic exchanges are increasing frequently between the social subjects in the 21st century, as well as the economic disputes. Nowadays, non-personal injury or damage caused to someone objects, which could constitute a purely economic loss of contract law or tort law on the issue of relief objects, becoming one of the most important tort law issues. Pure economic loss is one of the most discussed issues of European law scholars. European countries for the study of this problem has experienced a long period of time, in our country, with the Tort Liability Act for the purposes of trial practice related cases gradually increased, theorists have begun on this issue showed great interest and concern. However, due to. the lack of clear legal provisions, as well as theorists dispute the issue in trial practice showed contradictions. Liability for pure economic loss limit is too small, is not conducive to protecting the. rights of victims, and the endless, uncertain liability is not conducive to the normal development of society.As in the legal edge type of loss type, by depth of this issue to promote the study of many basic issues of tort law, both urgent needs have important significance. This article will be divided into four parts:The first part:definition the pure economic loss. This part mainly discussed on the definition of pure economic loss. States academics and practitioners have different interpretations of the concept, but basically the definition of negation. It is reasonable come on purely economic loss is not direct victims of personal and property related economic losses. Then introduces the characteristics of pure economic loss and the differences between the general loss of interests.The second part:Analysis behind the development process of policy considerations of pure economic loss, including "sluice" theory, the value of the sequence of the human variety, normal risk theory, insurance factor.The third part:Through comparative study, study the foreign country’s system of compensation for pure economic loss. The main analysis represented by France’s open architecture, with Germany as the representative of the conservative type system and common law system on the practicality of handling pure economic loss, analyzing its reference to China.The fourth part: suggestions for improving our system of compensation for pure economic loss. In view of our research on pure economic loss compensation system is still in its early stages, but also take into account the legal requirements to maintain stability, made in the judicial interpretation of the pure economic loss expressly included in the scope of protection of tort liability law, and strict conditions for compensation range in order to avoid the proliferation of litigation and actions bear heavy responsibility for such phenomena occur. Besides, the author also combined according to the conditions considered foreign processing mode, will be divided pure economic loss into three types.