Discussion On The Construction To The Compensate Rule Of Negligence Of Pure Economic Loss

In the case of negligence of pure economic loss,the vulnerable groups and the responsibility are indeterminable,the negligence of pure economic loss is lacking of typical social openness,the victim just suffers from money loss. So the traditional countries generally persist in the rule of exclude the recovery for negligence of pure economic loss. There are five policy considerations affect the rule: the floodgate argument,the value status factors,maintain of the behavior freedom,the protection of the law of contract,economic analysis. However, with the development of society,the above five policy considerations are challenged. Countries gradually accept the loss of negligence of pure economic loss can be compensated in exception. In our tort liability law, the attitude to negligence of pure economic loss is similar to French tort liability law. However, the empirical analysis indicates Chinese judges’ attitude towards the rule for negligence of pure economic loss accord to Germen progressive listed mode. This thesis by means of analyzing historical linkage,institutional advantage and practice engagement to support the Germen progressive listed mode. By the Germen progressive listed mode,we can build a specification system of three sections. With it,the judge can gain more specific and correct guidance.