Theoretical Analysis And Empirical Study On The Distribution Of Burden Of Proof

In this paper, based on Chinese legal status and judicial practice, the basic elements and main categories of unjust enrichment system is summarized, and then two unjust enrichment judicial precedent in Shanghai is researched. Because one case involves Chinese betrothal gifts system, this article also summarizes the legal nature and transfer of the betrothal gifts system.Chapter1is mainly about the overview on unjust enrichment system and allocating burdens of proof. Starting from the explanation of unjust enrichment, after a simple analysis of unjust enrichment elements, this part lists the classification, and makes a brief overview on allocating burdens of unjust enrichment proof.Chapter2analyzes allocating burdens of proof for unjust enrichment obtaining with performance and a judicial case. Because the allocating burden of proof is closely related to the case in Chapter4, so this chapter focuses on the burdens of proof for unjust enrichment caused by special condictioindebiti. This chapter studies one case about unjust enrichment betrothal gifts disputes. As the legal case lasted6months, from a simple procedure to an ordinary procedure, undergone three trial sessions, and supplemented four times additional evidence, so I have a deep knowledge of Chinese judicial practice and get enlightenment for the paper.Chapter3analyzes allocating burdens of proof for unjust enrichment obtaining without performance and another judicial case. This case involves judicial practice in Shanghai, especially one guidance paper by research office of the Shanghai first intermediate people’s Court. Because this guidance paper is regarded as guidance suggestion in unjust enrichment case by some courts in practice, the case verdict in this chapter does not comply with fact seriously. In addition, because unjust enrichment caused by condictioindebiti is closely related to unjust enrichment obtaining without performance caused by the impaired behavior, this chapter also analyzes the burden of proof for the latter compared with the former.Chapter4reviews Chinese relevant laws and regulations about unjust enrichment burden of proof. It points out that because our county’s laws are not perfect, some unreasonable phenomenon disturbs judicial activity, and China’s current judicial system need new system construction in relevant fields.In addition to the focus on the unjust enrichment burden of proof analysis, chapter2involves court’s asking instruction in court internal system, and chapter3 involves betrothal gifts system, which are all reviewed in chapter4of this paper. This is inspired by real judicial cases.