A Study On The Compensation For The Pure Economic Loss In Tort Law Of The People's Republic Of China

Pure economic loss is the special type of loss along with the economic development,social progress and the strengthening of relationships between people.It is been on research recent years in China while the scholars have not yet formed a more unified point of view.The pure economic loss in the field of contract has been well established in contract law,while the issue of compensation for pure economic loss in the field of tort is not well stipulated.Therefore,this paper aims to study the protection of pure economic loss explicit in tort law to construct the compensation system of pure economic loss in tort law to provide guidelines for the future theoretical research and legal practice of the pure economic loss in our country's tort law.The pure economic loss is a kind of loss suffered as a result of an infringement of an absolute right,which is different from direct economic loss and direct economic loss.Through the perspective of comparative law,there are 3 different kinds of models regarding to the compensation for the pure economic loss:the conservative model in Germany's law,the open model in England's law and the practical model in England's law.Because of some political factors,most countries abide by the principle of the limitation liability of the pure economic loss.Although the general tort provision of our tort law is similar to the open protection model in the French civil law,since the big difference between the pure economic loss and the absolute right,our general tort provision should learn from the conservation protection model in the Germany civil law.Hence,this paper thinks the illegality elements should be used to narrow the meaning of the civil rights and interests in the general tort provision.This paper holds that people should be responsible for the pure economic loss resulting from his or her deliberate breach of good manner or the violation of the law intended to protect the public.Meanwhile,because the conservation protection model in the Germany civil law can protect little benefits,this paper propose some suggestions to expand the protection range of the benefits while learning from the Germany civil law.Actor should assume the compensation liability for the pure economic loss resulting from his or her gross negligence breach of good manner and from his or her deliberate manners.If the pure economic loss is caused by actor's general negligence,the actor bears the liability for damages only in the special circumstances.