Establish The Rational Thinking Of Our Interests Against The Unjust Enrichment System

Unjust enrichment due to encroaching upon other people's rights and interests is one type of categorization of unjust enrichment system which has been arousing extensively scholars' interests and attention in some nations. However, there are little studies which have been conducted by scholars in our nation. In General Principles of the Civil Law of the PRC there is just one article generalizing unjust enrichment system. In addition, there is no concrete and lucid definition on the essential ingredients of such a system and its effects and thus it is not operable. Such an elliptical and simple article design is very rare with regard to other nations' legislation. In legislative practices, unjust enrichment is rarely employed as a foundation for the right to claim to be applied in concrete cases. In the respect of theoretical studies, there is no enough awareness of this issue and it is taken for granted that this system is deficiency in content and worth on efforts to study and thus there are few systematic, profound and topic-specific studies in this field. At present, in the field of civil law the limited research sources are concentrated on some marginal issues and those traditional civil law systems are accordingly ignore somewhat. As a matter of fact, we have very deficient studies on those traditional civil law systems. The fulfillment of codifying civil law must be based on the sufficient theoretical preparations of which the systematic and profound researches on the specific systems especially those traditional ones are important parts because these traditional ones are doubtlessly the framework of civil law codification.In our nation's legislation, there is not yet a separate definition on the system of unjust enrichment due to encroaching upon rights and interests although a great number of cases concerning unjust enrichment have been appearing in practice and thus it is a great confusion on the application of laws. In the purpose of directing scholars' attention to this system and promoting the unification of law application, this thesis would conduct profound exploration and research on this system in the following four aspects.