Research On Unjust Enrichment

This paper aims at the major problems for the current academic on the unjust enrichment. The author focuses on the legal effect of the unjust enrichment. The chief issues of this paper are the theoretical basis of unjust enrichment, the classification of the legal subject and the scope of the restitution. This paper uses comparative law perspective as the main research method. Based on the research on the relative litigation and the prejudication of the other countries, the author abandons the disputation between the"uniform theory"and the"non-uniform theory". So, this paper only chooses some traditional complicate problems to study.Apart from the introduction and conclusion, the text consists of three chapters.The first chapter is the history of the theoretical basis and litigation of the unjust enrichment. Unlike the normal research method, this paper just focuses on the most important problems. By the analysis of the development of the restitution law,the author will provide the answer of the scope of the restitution.The second chapter aims at current law and juridical explanation which is carried in China. Because the law in our country is too curtness and has some obvious mistakes, it is impossible to make a reasonable explanation. To change this inappropriately status, we have to transfer our view from"explanation theory"to"litigation theory". It is necessary for our country to constitute a systematic, integrity, scientific unjust enrichment system in civil-law code.The third chapter is the keystone part, which involves most main problems of the whole text. On the legal subject regulation, this paper provides some explicit terms on the circumstance of the third party who shall undertake restitution obligation.On the object of the debt, this paper discusses the disputation of the traditional view and newly view. The author upholds the reasonable part of the newly view. But for the traditional view has been accepted by most country and region. It is very hard or even impossible to make them change their confirmed viewpoint.As for unjust enrichment regulation's legal function, the author discusses the function not only in civil law, but also in public law. From traditional viewpoint, the function of the unjust enrichment is viewed as to heal the problem on the real property action theory and to rectify the bargaining without legal relationships. However, unjust enrichment law also has some important public law functions. In some cases that involved in civil-tort and crime, unjust enrichment can restraint criminal tendency. The public law function of unjust enrichment is one of the innovations of this paper.This paper also proposes some new points from the methodology perspective. The author believes that there is a loophole in the field of the contributory negligence. The legal effect and function of unjust enrichment, tort law and economic crime has some common points. Based on the research of the contributory negligence, the author considers that the contributory negligence theory can also be used in the cases which are brought out by the victim.In the last chapter, the author summarizes the whole text. However, due to the complexity of the unjust enrichment law and the ability of the author, there are still many problems need to be discussed and studied in the future.