On Unjust Enrichment By Violating Rights

The system of unjust enrichment by violating rights is a special conception in modern law system, which arouse scholars' extensive interest in other countries. However, in our country, scholars pay little attention to this theory. Although there is not an independent system of unjust enrichment by violating rights in our country, judges have tried a lot of cases to define the obligation of the violating persons according to the unjust enrichment system. In order to arouse scholars to aware the system of unjust enrichment by violating rights and promote the identity of the law, the author has studied the factors of the formation, the types and the benefited person's obligation of return on the base of the legislative present situation and the law of our country and the research accomplishment of other countries.The text of this paper is divided into five parts:The part one, the sum of the unjust enrichment by violating rights. In this part, the author has discussed the function of the unjust enrichment by violating rights. In this part, the writer has make a contrast of the unjust enrichment by violating rights with tort, and concluded that there may be a various of conditions in practice.The part two, the base of theory of the unjust enrichment by violating rights and relative study. The author thinks judging the formation standard of unjust enrichment by violating rights in our country is to hurt the ownership content of other person, which includes two aspects existing at the same time that are the illegality of activities and the unjustness of enrichment. However, along with the maturation of the system, the standards of judging unjust enrichment by violating rights should not be based on the abstract theories but the factors of its specific formation. In this part, he introduces other relative study.The third part, the factors of the formation and the benefited person's obligationof return of the unjust enrichment by violating rights, which is the important part of this paper. He thinks that the factors of the formation include three aspects, which are benefiting by violating the rights of other persons, causing other persons loss and having no legal cause. About the relation of the loss and benefit, he thinks that the cause and effect can be replaced by violating others rights. On the problem of " infringement ", he thinks that infringement is a kind of objective fact. If causing others' rights being confined and being not free, the loss of the owners of the rights occurs. As to the benefited person's obligation of return, he favors the theory of benefit.The fourth part, the classification of unjust enrichment by violating rights. In this part, he has studied the common types of the unjust enrichment by violating rights. Among them, the illegal transition is the important part and the adverse possession is a kind of benefit.The final part, an analysis of the legislation and the design of the system of unjust enrichment by violating rights. The author has made a appraisement on the unjust enrichment system of our country firstly. He thinks that the modern legislation about the unjust enrichment has failed to keep up with the need of society, and the future legislation should include the system of unjust enrichment by violating rights.