Study On Unjust Enrichment

Unjust enrichment means gaining profit without legal reason,and brings damage to others.Unjust enrichment system originated in Roman law, it has developed for more than two thousand years of history,and it is often talked in the civil law system. Unjust enrichment is highly regarded in theory and practical circles in Europe, Japan and Taiwan. As one of the reasons of the occurrence of the debt, unjust enrichment law has become another new jurisdiction after the contract law and the tort law. Unjust enrichment system plays an irreplaceable role in adjusting property-moving relationship without legal reasons.But in mainland China, whether in the respect of legislation, or in the judicial practice, the unjust enrichment doesn’t get enough attention, it is often used as a fallback provision of the law of obligations in the field of debt law, and we haven’t fully explored its intrinsic value. However, with the development of the economic and social, the way of property circulation showed a trend of diversification, Even between administrative organs and citizens have appeared the property-moving relationship which the law can’t adjustment. If the development of the law always lags behind the development of the society, in the long term, the debt of unjust enrichment would be difficult to effectively adjustment by the law. Because of this, the author hope that through the analysis of the development course of unjust enrichment system, and from the perspective of public law, exploring on the application of the unjust enrichment system.Through the analysis of the basic theory of unjust enrichment system, the author found that from the initial return the suit right of the property to the formation of the modern method of unjust enrichment, unjust enrichment system has been designed to make to a legitimate state transfers of property without legal reasons, both areas of private law and public law field, as long as involving property-moving relationship without legal reasons, unjust enrichment system can be used.With the development of modern constitutional system,the idea of administration according to law and civil rights protection have been widely accepted.In the modern state governance, administrative rights are constantly expanding to bring more and more impact on citizens’personal property rights. Inevitably arise in such areas as taxation, administrative licensing and other areas of public law claims involving public rights institutions and citizens, for public law claims related to the vital interests of the citizens, the introduction of unjust enrichment system is imperative.Throughout all the laws and regulations in our country, there is no clear stipulation about public law on unjust enrichment. Based on the protection of rights and interests of public law field damaged people’s consideration, the author suggests that we can use current laws to deal with the problem which does not have the property of the legal reasons,and gradually build the system of unjust enrichment on public law, then.unjust enrichment system can play role in a larger scope.But look at all laws and regulations in China, we can’t find the express provisions of the law of unjust enrichment on public law, but the system can properly handle transfers of wealth on public law reasons, to restore the parties should have the interests, and has a positive meaning to the grand goal for the rule of law. By analyzing the legal basis of the system and the constituent elements of unjust enrichment, combined with China’s actual situation, This article intends to make a brief introduction from aspects of the the unjust enrichment system development process, the relations between the system of public law and unjust enrichment system, and unjust enrichment in the field of public law applicable to the case of unjust enrichment system,expect the unjust enrichment system can play a greater role in the field of private and public law.