The Thesis In The Scope Of Interest Restitution On The Unjust Enrichment System

Unjust enrichment is an ancient system, which has been able to search in Roman law. However, the system in the development of the law theory is relatively slow in China's mainland, which exists relatively large number of issues in theory and practice. The paper intercepting one of the issues mainly discusses the scope of the restitution in the system of unjust enrichment. The author adopts the method of legal hermeneutics, comparative study and historical research and so on, to research the scope of the restitution in the system of unjust enrichment.The full text is roughly divided into four parts:the first part puts forward question. After analysis of the research status at home and abroad, the author draws a conclusion that in recent years China's mainland scholars have gradually paid attention to the theory of unjust enrichment system, and there are appearance of continuing new research results. Combined with our current civil legislation and judicial practice there also exists fuzzy and unreasonable question, thus presenting this research topic.However, most of authors'study of China's mainland focus on constitutive requirements of unjust enrichment system, different types of unjust enrichment, as well as the co-ordination issues between claims right of unjust enrichment and other related claims, it almost has less studied on the scope of the restitution in the system of unjust enrichment. The second part analyzes problems including function of the unjust enrichment system, the scope of interest restitution, and determined content in the scope of interest restitution in this article. The third part mainly analyzes the scope of interests restitution in unjust enrichment system which is the various factors involved, and we might encounter in a variety of specific circumstances when determine the scope of restitution. The forth part is to solve the problem. According with the above analysis and our country's legislation and judicial practice, the author tries to design restitution rules in unjust enrichment system that is accordance with China's national condition and more reasonably practicable. The main content includes that it should clearly definite the function of unjust enrichment system to check to receipt of unjust interests in addition. It is important that the design of unjust enrichment system is not the purpose of punishment, and this will determine the obligation's scope of the restitution in the system of unjust enrichment which has an important impact. Because the unjust enrichment's acceptor have goodwill or malicious subjective differences to distinguish the size of the obligation scope of restitution, also judgment standard and judgment time-point of goodwill or malicious should bescientific criterion. It judges receipt of interests whether there exists that is the influence of the scope of restitution to some extent. The method of the scope of restitution in unjust enrichment normally returns of the original item. It applies the value return when the original item does not exist, which calculates the objective price with receipt of interests.