纯粹经济损失探析

Research on Pure Economic Loss

纯粹经济损失是因对人身权利和有形财产权利益以外的利益的侵害所直接导致的受害人一般经济利益的损失。纯粹经济损失的可赔偿性一直是颇具争议的问题,各国的普遍做法是以"排除性规则"为原则,但同时创设一些例外。合同法和侵权法是各国对纯粹经济损失进行救济的基本法律途径,另外将案件类型化也是一个重要的手段。我国应该加强对纯粹经济损失的研究和立法。

Pure economic loss refers to situations in which the plaintiff has suffered neither personal injury nor damage to tangible property, but the loss of general financial interest caused directly by wrongdoing. The recoverability of pure economic loss is widely argued all along the history. No-liability rule is accepted commonly as the general principle with some exceptions. Contract law and tort law are main methods available for recovery of pure economic loss; besides, creating some case models also play an important role. China necessarily strengthens its research on pure economic and relevant legislations.