The Selection Of Methods To Protect Pure Ecnomic Loss In Civil Law

The pure economic loss is highly discussed.The conception is that victims suffer the loss only in economic aspect,which relies neither on the harm of body nor the property.In the Tort Law of China,there is no specific regulation to protect the pure economic loss.The essay is aimed to figure out that the pure economic loss needs to be protected and the appropriate methods to give protection of the kind of loss by comparing regulations.Excluded the introduction paragraph and the conclusion paragraph,the essay is comprised of four parts.The first part is a brief introduction of the pure economic loss in China.10 cases are listed to show the attitudes of courts,support and opposed respectively.Then according to the regulations and theoretical viewpoints,I make a conclusion of the conflicts problem in pure economic loss.The second part fouses on the protection models of European countries.German Tort Law has a pretty strict model,it protects rights and benefit distinguishably.The French Tort Law regulates benefits and right together.But in judicial practice,the compensation will be restricted according to the casual relationship,fault and so on.Then,this part discusses the Principles of European Tort Law,this regulation makes an order of different kind of rights and benefits due to its value.At last,this part discussion of the limitation to protect pure economic loss according to Contract Law.The third part discusses the supposed model to protect economic loss in Chinese Tort Law.Firstly,it discusses why the pure economic loss belongs to the scope of the protection of law.This is a fundamental condition.Secondly,it holds the view that we need to protect pure economic loss and rights in different ways due to the value measurement of benefits,the differences between rights and benefits,the duty of infringers,rights weakened,and matching degree to our country.The forth part makes a draft of protection methods of pure economic loss in Tort Law,to give better methods to protect pure economic loss.