我国侵权责任法上的纯粹经济损失研究

Research on Pure Economic Loss in Tort Law of PRC

随着社会发展和时代变迁,纯粹经济损失纠纷日益增多,而我国调整纯粹经济损失的相关立法尚不健全,理论研究起步较晚,尚未形成完整的理论体系。通过对纯粹经济损失的概念、类型及与其他损失区别的探究,结合国外纯粹经济损失的比较分析,以及对我国纯粹经济损失的法律规制和案件处理的现实考察,重构侵权责任法的一般条款,从纯粹经济损失的赔偿与控制等方面对我国纯粹经济损失制度的构建和完善提出建议。

With the development of society and the changes of the times, the pure economic loss disputes increase, but the relevant legislation of the adjustment of pure economic loss is not perfect in China and its theoretical research started up lately and has not yet formed a complete theoretical system up to now. This paper intended to take the research on pure economic loss＇ s concept and type and other types＇ losses, also to take comparative analysis of pure economic loss between China and other countries, besides investigated Chinese legal regulations and cases study on pure economic loss. As well as this paper considering from establishment of legislative model intends to reconstruct tort liability law and types of pure economic loss, it provides valuable advises on construction and completion of law system of pure economic loss＇ s compensation and control and also references for China＇ s future legislation＇s setup and execution.