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On The Compensation Of Pure Economic Loss

Posted on:2017-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LanFull Text:PDF
Abstract/Summary:PDF Full Text Request
Pure economic loss refers to the victim directly suffered property is not benefit,and this is not the interests of non physical or physical damage occurred.With the continuous development of economic and social such losses have been common,frequent.And it is because of the applicable law,there are some difficulties,produced a higher frequency of involving a wide range,many uncertain factors,once the cause of abuse complaints,the consequences could be disastrous and all the countries in the world on the compensation more to certain restrictions.Our court's attitude toward this issue has always been to the principle of non payment.However,in many cases related to pure economic loss through this year,the idea of refusal to pay more and more can not adapt to the development of the times,and the pursuit of fairness and justice of the faith.However,blindly agree with compensation and may open the gate of the flood of lawsuits.Therefore,this article attempts to based on combing on the compensation for pure economic loss,the author puts forward,the type of method to give compensation for pure economic loss.The following aspects are discussed in this paper:The introduction part mainly involves three parts,first by several brief case leads to the origin of the question of pure economic loss,second column clear mainly by reference to the relevant literature and main ideas of literature.Finally,stated in this paper using the empirical analysis method,comparative method and other methods to complete the writing of this paper.The second chapter is an overview of pure economic loss.In this paper,firstly,based on the definition of pure economic loss,Professor Wang Zejian discussed the core of pure economic loss.Secondly,it expounds the object of pure economic loss and its three characteristics,analyzes the relationship between pure economic loss and indirect economic loss,and expounds the difference between the two.The third chapter of this paper,according to different standards,the types of pure economic loss to be divided,according to the perpetrator subjective mind state of different pure economic loss can be divided into two categories,and on the basis of the cause of different can will be divided into four types of pure economic loss.Through the division of its type to obtain a more clear understanding.Chapter four to two big legal system about pure economic loss compensation mode were studied by the two genealogies of law their most representative national analysis and briefly compared study the attitude of continental law system and Anglo American law for pure economic loss their compensation,the compensation technique,and the compensation made those restrictions.And concluded that the superposition model of German law is more conducive to the pure economic loss of compensation by the type of method to be more operational.The fifth chapter is the compensation for pure economic loss in civil law of our country.The article has carried on the analysis and review of the pure economic loss in China's legislation,judicial,finally to different types of pure economic loss compensation for specific problems are described,to determine the basic idea of the types of pure economic loss compensation and simple design for these.
Keywords/Search Tags:Pure economic loss, Compensation mode, classification
PDF Full Text Request
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