产品责任中纯经济损失之判解研究

On the Judgment of Pure Economic Loss in Product Liability

产品责任中的纯经济损失不仅成为国际社会关注的理论焦点,而且成为各国法院面临的共同难题。缺陷产品所致的纯经济损失案件已在我国崭露头角,我国法院对该类损失的保护做出了有益的尝试,然而立法的缺失却使法院在司法实务中处于十分尴尬的境地。不过,从法解释学的角度看,我国现有的立法资源还是为产品责任中的纯经济损失留下了一定的生存空间。问题的关键在于立法部门应当尽快明确具体地确立相关的立法,为产品责任中的纯经济损失提供合理的保护路径。

The pure economic loss in product liability has become not only a theoretical concern to the international community, but also a common challenge facing the courts in various countries. The cases of pure economic loss resulting from product defect have arisen in China, and our courts have also made useful attempts to protect such losses, but the lack of legislation make courts be in a very embarrassing situation in judicial practice. However, from the angle of laws interpretation the current legislation resources has also provided certain space for the survival of pure economic loss in product liability. The key issue is that the legislation body should establish related laws definitely and specifically as soon as possible so as to provide a lawful and reasonable way to protect pure economic loss in product liability.