Combined with its own nature,pure economic loss is a product of changing times,which leads to the difficulties in seeking relief.Pure economic loss is a heated topic in European law research while the research on its compensation is limited in China and there is no unified view.At present,based on the fact that the law is not perfect and the judicial practice is not uniformed,this thesis clarifies the disagreement and difficulties between theory and practice by conducting a empirical analysis.Due to the fact that pure economic loss involves a wide range and various types of losses,we use classification methods to provide solution for the question mentioned before,based on the analysis of existing type of pure economic loss.Meanwhile,inspecting Common Law and Civil Law such as some typical examples in France and Germany from the perspective of comparative law,it examines the related provisions.Finding a legal basis for compensation for pure economic loss,it sets appropriate compensation rules and controls the judicial practice with constituents of liability.There are five parts in this thesis.The first part is introduction including the research background of this thesis,the meaning of the research and general status of the research.At present,China’s current legislation and judiciary have no clear rules for pure economic losses.This part analyses the views on whether protect pure economic loss by clarifying different definition and characteristic of pure economic loss,which is basis for next part.The second part is the analysis of related theory and practice.Analysing 109 verdicts,it summarizes the arguments for and against compensation and the problems encountered in the judicial practice.And it clarifies the meaning of classification for the research by considering various legislation and policy.Eventually it provides theoretical support for making rules.The third part is a comparison of pure economic loss analysis in foreign countries.The definition of pure economic loss originates in Common Law.British model sets a limitation on subjective state of actors to classify pure economic loss into different types.French model sets a general provision and removes some types of loss with immediacy between act and outcome,which shouldn’t be protected.With the rigorous provisions,German model protects pure economic loss,considering causality in the case.The forth part is a settlement to compensation for pure economic loss.Investigating the related provision in Contract Law and Tort Law,this thesis finds a reasonable measure in Tort Law.Defining pure economic loss and using constituents in Tort Law,the loss is controlled and compensated rationally.The fifth part is conclusion.Summarizing the fact that it is rational to get compensation after suffering pure economic loss,this thesis predicts the legislation in Tort Law.At the same time,the author has a prospect on the practice of pure economic loss in the future and reflect on shortcomings in this study. |