On The Legal Application Of The Tort Liability For Pure Economic Loss

Current,society is in a stage of rapid development and change,accompanied by the rapid development of market economy,the legal relief problem of diversified and complicated economic interests.Among them,pure economic loss,as one of the manifestations of economic damage,has become one of the hot topics in the theoretical circle.As a boundary between contract law and tort law,the discussion and study of pure economic loss is obviously an important subject that our country’s legal theory and judicial practice must overcome.The problem of pure economic loss is the product of the development of human society,and it is not a subject of imagination or novelty.The solution of this problem is of practical significance to the development of society and the further improvement of the law.This paper analyzes the concept of pure economic loss,the differences of foreign legal relief methods,our theory and judicial status,and considers the legal application of pure economic loss tort liability,in order to make reasonable suggestions for the solution of such cases.The paper is divided into four parts: Part one,an overview of pure economic loss,including the definition of different scholars,the characteristics and different classification of pure economic losses.Part 2,from the foreign perspective,understand the French "laissez" legislative model,the judiciary,and restriction factors,supporting the pure economic loss The law of lost compensation,and summarizes the handling situation and characteristics of pure economic loss cases,and analyzes the consideration factors behind it.At the same time,analyze the restriction factors of obtaining compensation for pure economic losses and demonstrate the feasibility of compensating pure economic losses.In Part 4,propose tort elements for pure economic losses,add illegal,predictability,and absolute elements in harm,damage consequences and causality,to form a strict system "funnel" and select the pure economic loss that should be compensated Type,and strive to reasonably solve the problem of pure economic loss tort compensation.