侵权法下纯粹经济损失救济制度分析-analysis of pure economic loss relief system under tort law.docxVIP

AbstractModern civil law is a large system which is based on the right, so individual rights’ protection has become the focus of tort law. However, the complex interests of civil societymake that the Real Right Law、the Intellectual Property Right Law etc cannot be satisfied withthe demand of protection. Pure economic interests is one of the complex forms, so the focus of this paper is on the remedy for pure economic loss.This paper is divided into five parts, the first part is about the basic theory of pure economic loss., which includes the concept, characteristics and major types of pure economic loss. Through the analysis of the basic theory, we want to get rid of the blurred image pureeconomic loss, and make the right position: the property interests of life world 、the valuablepure economic interests.The second part discuss about the factors which influence the remedy for pure economic loss . It can be divided into two parts, firstly we can discuss about the problem of pure economic loss from the perspectives of the paradoxical value of freedom and security. Secondly we rethink about the problems --- “litigation gate ”between the court and theparties 、the predictive rules between the perpetrators and the victims from the technical point.This part is the foundation for the following standpoints.The third part is about the pure economic loss’ remedy systems of comparative law. We pay attention to the certainty of damage and direct causal relationship in France, the unique three period rules, of German law, the illegality system of Japan , as well as the special relief system of Anglo-American law system.The fourth part is the reflection of relief system of pure economic loss. We found that there are mainly three types. France、Japan which stand for the first type focus their attentionon the components of the tort liability--causality or illegality ; The second representative is German, which focus on the existing legislation; The third is represented by Anglo-