On Unjustified Enrichment Due To Infringement Of Rights And Interests

The typical unjustified enrichment due to infringement of rights and interests is an enrichment based on the infringement and damage of others' rights and interests, which not explained on law. It enlarges the application and function of the claim right of returning unjustified enrichment and has a great impact on the development of unjustified enrichment system. Since the invention of unjustified enrichment typological theory, unjustified enrichment of this kind has aroused a wide concern and research in some other countries and regions and greatly improved the legislation and juridical practice.However, unjustified enrichment is rarely stipulated in our country's current laws, let alone those based on infringement of rights and interests. In our country, only Item 92 of General Principles of the Civil Law and Item 131 of the Supreme People's Court on Several Issues concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (For Trial Implementation) mention the unjustified enrichment. National scholars make few studies on this, as there has been some wrong perspectives of unjustified enrichment. It causes much difficulty in application of law of cases on unjustified enrichment.Based on current theories and juridical practices in our country and some research results from Taiwan province and other countries, this article makes a systematic research on unjustified enrichment due to infringement of rights and interests in respects of concept, social function, constitutive elements, law effect and categories and makes some comments at the end, using the method of comparison and comprehensive analysis.The text of this article is divided into five parts as follows:Part One: Theoretical summary of unjustified enrichment due to infringement of rights and interests. The author firstly introduces the background home and abroad and brings forward the concept of unjustified enrichment due to infringement of rights and interests. The irreplaceable function and consequence of unjustified enrichment due to infringement of rights and interests are also stated. At the last the author makes a detailed comparison between unjustified enrichment duo to infringement of rights and interests and act of tort, to remove existed national wrong perception of its relations.Part Two: The present situation of theoretical research and legislation in relevant countries and regions. This part amplifies theoretical research and legislation in civil countries and regions such as Germany, France and Japan and British legal countries such as England and America, using the method of historical and comparative study.Part Three: The constitutive elements and effect of unjustified enrichment due to infringement of rights and interests. In this part, the author deems it is composed of the following three elements: gaining benefits by hurting others' rights and interests; causing damage of others' interests; no explanation on law. The author later makes a deep study on the effect of unjustified enrichment due to infringement of rights and interests in respects of its main body, object and returns, in order to explain the contradiction and correct wrong views on current juridical practices of these cases.Part four: Classification of unjustified enrichment due to infringement of rights and interests. The author divides it into unauthorized disposition, unauthorized handling, intellectual property violation, and infringement of personality rights and makes a further confirmation from the internal and external of unjustified enrichment due to infringement of rights and interests.Part Five: The present situation and perfection of legislation on unjustified enrichment due to infringement of rights and interests. The author deeply analyzes and discusses the present situation of legislation and judicature in our country. The author puts forward to constitute unjustified enrichment system concerning legislative suggestion ideas, legislative style, forms and contents and then stipulates about its constitutive elements, law effect, and person's return obligation in details, to complete the legislation and law application of this system and reach its unique function.