On The Relief Of Pure Economic Loss

With the development of economy and society, gradually increase awareness of rights, especially between people with and without a particular person, as well as personal and social economic ties increasingly widespread, in addition to personal rights, tangible property rights infringed by outside circumstances, a more extensive damage in the form of impact on people’s daily life, between "economic relations are so closely intertwined that one of the rupture could have far-reaching results in the absence of a chain reaction of economic damage the case of other forces involved in the flow of another person "from one person, [1] such damages are based more on purely economic interests forms-pure economic loss.The concept of pure economic loss who are not utopian, but with the continuous development of social economy comes, it is the individual rights, interests continue to extend, expand performance reflects people’s awareness of their rights further social and economic development resulting from We continue to increase. The concept is not a common concept of social life, but the fact that our lives and interest income associated form of pure economic loss in-depth study and understanding should be stressed.The scope of purely economic loss is uncertain, involving very wide, content is extremely complex. Throughout remedies States, is to be relief either through tort law, it is be regulated by law or contract. If there are contractual relations between the parties of pure economic loss then, in accordance with the principle of relativity of contract, contractual obligations generally would be sufficient to solve the problem, but can not provide relief to a third person other than the parties to the contract, some countries through the expansion of contract law scope to solve the problem, but are strictly limited. More pure economic loss is occurring between strangers parties, many countries emphasis from the perspective of the Tort Liability Act to provide relief, it is necessary to compensate for the loss of the victim, but also not too concerned about the behavior of people responsible department heavy, otherwise it will cause people to take the blame, restrict the freedom of people positive behavior is not conducive to economic development and social progress. Attitude to various countries of the world purely economic damages, and neither country is full compensation, and no country is all refused to pay compensation for pure economic loss remedies mostly rely on tort law and contract law, both, and each have emphasis. This rule relates to compensation, the scope and limits of the problem, if there is a generally applicable handling mechanisms to deal with purely economic loss, which is the purpose of this article.Pure economic loss in Europe and the United States has been a hot issue. In China, purely economic loss is constantly attention problems in our judicial practice, related cases on pure economic losses are increasing, the paper combined with China’s recent judicial practice, in-depth study on this issue, using the method of comparative analysis, study Germany, Britain, France and the United States legal system for the protection of the pure economic loss, explore the necessity to analyze the internal mechanism, with a view to the development of the rule of law help. This paper summarizes the results of previous studies based on the emphasis that the definition of the concept of pure economic loss, to analyze whether a pure economic loss should be compensated, the scope of compensation, the foundation claims, as well as the liability system control.Whether civil law or common law, the relevant pure economic loss relief problems are uniquely available legal recognition lag, the need for flexibility judicial practice to be constantly evolving, protect the legitimate rights and interests of the parties different countries are based on the laws of this judgment inevitable defects, and an attitude of judicial flexibility is reflected, but in varying degrees of flexibility given the judicial system and its implementation.The central idea of the paper through a series of comparative studies, summarized the framework for the classification of the rights to build the whole thesis:Right Category:absolute right; relative rights:the rights of chance (divided into identified opportunities and uncertain opportunity)World. In addition to these two rights, there is a broader initial claim, that is the opportunity to rights, opportunities to realize rights are absolute rights and relative rights and a prerequisite for an effective way, is to have a chance to be claimed in the world, by this opportunity will have other rights. This is also the basis of summarizing the previous experience on the basis of a little innovation.Based on the state of our reality:social relations adjustment, economic interests continue to divide combination, have also been pushing for political reform. Such a reality should seek to establish a stable procedural mechanism, it may provide an opportunity to claim an absolute right or relative path to the right, a bridge. Filing review system of the court system to today’s filing system is a vivid example. Through discussion paper, this paper argues should gradually establish social and economic development compatible with the procedural system, to pure economic loss that opportunity into reality the rights of the rights and interests of erecting a bridge from the right to expand the scope of rights of the people, to further realize the people well-being.