An Empirical Study On The Return Of Unjust Enrichment In China

As one of the oldest system in civil law, the idea of unjust enrichment is fairness and justice, and it plays an important role in civil law.With the contribution of numerous academic jurists, It developed from the initial individual right of appeal in Roman law to an independent institution now.However, unjust enrichment in our country is still in a supporting role, and not taken seriously, far behind the development of other countries.By analyzing the cases of nearly six months,the main purpose of this paper is to reveal the problems of unjust enrichment,especially in the terms of the scope of the restitution in our country.In addition to the introduction and conclusion, the thesis is divided into three parts.The first part is the analysis of the cases.Throughout the analysis, the author found that due to the simple legislation, unjust enrichment caused a lot of confusions in the judicial application, especially in terms of the scope of restitution in unjust enrichment. The absence of other more specific and uniform operational standards, resulting in a lot of problems in return of interest. Even, in some judgments, some judges do not have a clear concept about unjust enrichment.The second part is a theory analysis of unjust enrichment, and by a description of other countries’ provisions of unjust enrichment, to improve our unjust enrichment as a reference.The third part is mainly concentrated in the existing problems of our country’s unjust enrichment, and put forward some suggestions to improve it. The author believes that China should learn some experience from other countries, and improve its provisions, particularly in terms of the scope of restitution. It should be clearly that according to the beneficiary’s intention, different beneficiaries have different responsibilities. The scope of restitution for receiver with good intention should be restricted in extant benefits. But for receiver with evil intention, liability should be heavier.