Research On Compensation For Infringement Of Pure Economic Loss In China

In recent years,with the development of the economy and the accumulation of wealth,the reason,way and form of infringement to people's property is on the rise,thus pure economic loss,as a gradually typed form of property loss,gets more and more attention from theory and practice area of law.Pure economic loss is a kind of right and interest apart from imperium,and it is different from indirect economic loss and expected loss,which is a kind of loss that happens not because the sufferer's body or individual property is damaged.As far as the compensation rule is concerned,our existing laws and regulations don't have clear regulations on it,neither does the judicial practice has uniform rules on it or there is any instructive case example.From the perspective of legal policy,we should both see the rationality of protecting pure economic loss and the necessity to restrict the protection.Therefore,we should learn from the comparative laws combined with our existing status of legislation and judiciary,study and improve our legislation model of pure economic loss according to the disposal of typical types of pure economic loss.The first part of this essay generally introduces pure economic loss,including the concept,nature and peculiarities of pure economic loss and its difference from other related economic loss.Pure economic loss is the loss that happens not because the sufferer's body or property individual property is damaged.Pure economic loss is the loss apart from imperium,which is economic,independent,direct,unpredictable and low in law level.What's more,there are always some confusions between pure economic loss and indirect economic loss or expected loss,thus this essay tries to clear the differences between them.The second part of this essay lists the related laws and regulations on compensation for pure economic loss in comparative laws.See from the comparative laws,neither there is any country provides legal relief for all kinds of pure economic loss nor there is any country doesn't provide any legal relief for pure economic loss.But as to whether providing legal relief in principle or exception,different countries adopt different legal model.Typical comparative laws and regulations include the free-rein regulations of France,conservative regulations of Germany and useful regulations of England.The third part of this essay analyzes the compensation rule of pure economic loss from the perspective of legal policy.On the one hand,pure economic loss is the property right and interest that is protected by the Tort Liability Law,protecting it is the necessary requirement of substantial fairness.On the other hand,if there are no needful restrictions on the compensation for pure economic loss,it will heavy the judicial burden,obstruct basic freedom,violate ethical rules and increase economic cost and so forth.Therefore,it is necessary and legitimate to conduct necessary restrictions on the compensation for pure economic loss.The forth part of this essay concludes the problems of our existing status of legislation and judiciary.Pure economic loss is regulated separately in General Rule of Civil Law,Tort Liability Law,Contract Law and other special law,which is lack of clearness and systematization.Through research and analysis of related cases,we could find that the quantity and type of related cases on pure economic loss in judicial practice is little monotonous.At the same time,the sentence reasons of the courts are simple and crude.Therefore,it is necessary to improve and perfect our existing legislation in order to provide guidance for judicial practice.The fifth part of this essay proposes some suggestions for the improvement of related legislation on pure economic loss.The legislation model of compensation for pure economic loss should be no-compensation in principle and compensation for exception.As to whether a certain kind of pure economic loss can be compensated,we could study the typical types of pure economic loss mainly includes reflection loss,transferred loss and reliance loss.Therefore,we could conclude factors that decide whether pure economic loss could be compensated,such as the relationship between the sufferer and the infringer,the nature of the loss,the distance of the causality and the degree of the fault of the infringer.Thus,we advise to add a supplementary provision after the second item of the second article of the Tort Liability Law.