Unjust Enrichment Of The Civil Law And Criminal Law Cross-cutting Issues

Unjust enrichment is a civil law institution in whatever civil law system or common law system, and gained lot of attention from both theories and practitioners. With the evolvement of society, legal theory and legislation, the function and structure of unjust enrichments is attached new meaning.China's mainland scholars don't get much attention to unjust enrichment, especially about its relationship with criminal law.The complicated legal relationships in real life sometimes bring about cases overlapping civil matter and criminal matter. For example, the recent controversial Xuting case. Some people consider it a criminal offense but others thought it only constitute unjust enrichment of civil law, which comes up a question that how to justify facts and apply laws in practice.This paper adopted a method of comparative analysis and empirical study, analyzing and commenting relevant China's judicial cases, conducting a critical analysis of the defects in legislation and suggesting on the perfecting of unjust enrichment. In addition to introduction and conclusion, this paper divides in to the following sections:The first part rises up the problem, introducing the typical case and analyzing the defect embodied in unjust enrichment, so as to provide guidance discussed below.The second part gives an overview of the basic theory of unjust enrichment, including: the definition of unjust enrichment, its nature, function and constituent elements, as well as the type of unjust enrichment.The third part discusses the overlapping in civil law and criminal law of unjust enrichment. It analyzes the relationship between unjust enrichment and property offence, the overlapping of civil law and criminal law, and then the processing mechanism and standards between obligations.The fourth part sums up that inappropriate of unjust enrichment and gives some advice on improving our system, including: the establishment of the rights detriments for unjust enrichment and the transformation of unjust enrichment of the standard criminal aspects.