Research On The Compensation System Of Tort Of The Pure Economic Loss

Modern civil law is a large system which is based on the right, so individual rights’protection has become the focus of tort law. However, the complex interests of civil societymake that the Real Right Law、the Intellectual Property Right Law etc cannot be satisfied withthe demand of protection. Pure economic interests is one of the complex forms, so the focusof this paper is on the remedy for pure economic loss.This paper is divided into five parts, the first part is about the basic theory of pureeconomic loss., which includes the concept, characteristics and major types of pure economicloss. Through the analysis of the basic theory, we want to get rid of the blurred image pureeconomic loss, and make the right position: the property interests of life world、the valuablepure economic interests.The second part discuss about the factors which influence the remedy for pure economicloss. It can be divided into two parts, firstly we can discuss about the problem of pureeconomic loss from the perspectives of the paradoxical value of freedom and security.Secondly we rethink about the problems---“litigation gate”between the court and theparties、the predictive rules between the perpetrators and the victims from the technical point.This part is the foundation for the following standpoints.The third part is about the pure economic loss’ remedy systems of comparative law. Wepay attention to the certainty of damage and direct causal relationship in France, the unique"three period" rules, of German law, the illegality system of Japan, as well as the specialrelief system of Anglo-American law system.The fourth part is the reflection of relief system of pure economic loss. We found thatthere are mainly three types. France、Japan which stand for the first type focus their attentionon the components of the tort liability--causality or illegality; The second representative isGerman, which focus on the existing legislation; The third is represented by Anglo-Americanlaw system,.which is obsessed with the case system.The fifth part talks about the pure economic loss’ relief system under China’s tort law. Inthe relatively loose environment, we want the pure economic loss can be saved under therelatively fixed conditions through the “causality” or the “dynamic reference frame”. This willnot only ensure the rights and interests of the victims can be protected, but also protect the actors’ freedom.