Research On The Compensation Of Pure Economic Loss

As a result of the enhancement of contact among people and theeconomic activity, pure economic loss refers to a kind of economic lossthat is the direct result of some specific reasons. It isn’t caused byvictim’s personal damages or the property harm. For its wide existence inunspecified economic relations, ricochet loss causes the uncertainty ofresponsibility and becomes one of the types that economic compensationcould be most difficult to be realized due to the ambiguity of its contourand extension. This article introduces two of the most representativecompensation modes of pure economic loss. By comparing French modeand German mode, I analyze relevant Chinese law, judicial practice andrelevant theory. I put forward some own views on the legal relief ofricochet loss.Apart from the introduction and the conclusion, the essay article isdivided into four chapters, the main contents are as follows:Chapter One is a brief overview of the basic theory of pureeconomic loss. Firstly, on the basis of comparative analysis of relatedtheories, I summarize the core connotation and the basic characteristic ofpure economic loss. Secondly, ricochet loss is introduced in detail in theform of listing typical cases. Chapter Two introduces the compensation modes of pure economicloss and attitudes to ricochet loss in France and Germany. French tort lawadopts the laissez faire protection model by generalization rules and thegeneral terms. In judicial practice, the compensation is restrictedaccording to the constitutive requirements such as fault, damage andcausation. German tort law explicitly rules out the protection of pureeconomic loss in the form of listing the absolute rights. Then, Germantort law expands the scope of pure economic loss protection with the aidof some specific terms and expansion of the interpretation of concept.Chapter Three firstly analyses the general clause of tort law in ourcountry which has not explicitly excluded the compensation of pureeconomic loss. Secondly, it reveals the current situation of the protectionof ricochet loss in judicial practice by introducing related cases. Finally, itdissects policy factors of the implementation barriers for compensation ofricochet loss.Chapter Four is my views on the compensation of ricochet loss. Irethink the general clause of tort law in our country by summarizing theadvantages and disadvantages of the relief pattern in France and Germany.Then I give my suggestions to perfect our legislation. Finally, the factorson the compensation control and rationality analysis of ricochet loss hasbeen discussed.