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Pure Economic Loss Legal Relief Research

Posted on:2019-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y FuFull Text:PDF
GTID:2346330542454472Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous progress of modern social life,the economic relationship between people and people has produced a strong dependence.A behavior may cause damage to a specific person,and there is no contractual relationship or tort relationship between the two.The loss is purely economic loss.At present,there are many kinds of losses in our society.However,such cases often fail to be valued by people.After such losses,people also feel that they are unlucky.The problem of pure economic loss is a very hot topic in recent years in western jurisprudence,and some conclusions have been drawn.To imagine the concept of pure economic loss is not people,it comes with the development of society and economy,the performance of individual rights and interests continue to expand and extend,reflects to the further development of the social economy of the people’s right consciousness constantly improve.Although this concept is not often touched in social life,it is closely related to our life.It is very necessary to further study and understand the form of pure economic loss.But the related issues are very little concerned in our country,and it started very late,and there is no clear provision for pure economic loss in the current laws of China.But in judicial practice,there are many cases about pure economic losses.Judges do not have clear legal basis when dealing with such cases,which results in different judgments of different judges.The contradiction between this kind of cases continue to emerge and lack of judicial practice of relief that is pure economic loss in our country in such cases is a great challenge to China’s current situation,but also to promote the catalyst of our research on the relief of the pure economic loss.This article is divided into five parts: the first part is the introduction part.The remedy for pure economic losses has always been a controversial issue.Many scholars at home and abroad have studied it.In China’s judicial practice,such cases often occur,so the study of relief for pure economic losses is very necessary.The second part is an overview of pure economic losses.Analysis of the concept of pure economic loss and related concepts,in order to clarify the relationship between them,on the basis of the constituent elements of the pure economic loss to do a simple overview;then based on the analysis of some of the pure economic loss cases of classic judgment of judges in the judicial practice,to grasp the characteristics of pure case economic losses from the specific cases.The third part is thepresent situation and reference of the pure economic loss relief system in the two legal system countries.Through the introduction of the different modes of the two legal system countries to the relief of pure economic loss,it is evaluated and analyzed,and the reference places in China are summarized.The fourth part is the analysis of the current state of relief for pure economic loss in China.First of all,from the three aspects of tort liability,contract responsibility and special law,it points out the lack of relevant legislation in China and its performance.Again,through a real case to illustrate the dilemma of the lack of legislation to judicial practice,it leads to the construction of China’s pure economic loss relief system.The fifth part is the construction of the pure economic loss relief system in China.First,it analyzes the feasibility and necessity of the construction of pure economic loss relief system.Then,we will provide some insights for the construction of China’s pure economic loss relief system,hoping that our country can make specific and effective provisions for the relief of pure economic losses at an early date.The study of the pure economic loss relief system in China should be carried out from many aspects and a comparative study of the remedies of pure economic loss in foreign countries.It is not a simple thing to analyze such a complex problem at a multi-level and multiple angle.In particular,it is particularly important for us to correctly analyze the relief mode of our pure economic loss relief system and put forward some suggestions on relevant legislative and judicial issues.To investigate the pure economic loss system is not only to improve our default relief mode and tort relief mode,but also to make this new relief system applicable in our country.The increasing number of these cases urgently requires our country to carry out relevant legislative work on the relief of pure economic loss,so as to protect the interests of the victims.
Keywords/Search Tags:Pure economic loss, categorization, The research status, remedies
PDF Full Text Request
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