Discussion On The Assignment Of Burden Of Proof Of The "Lack Of Juridical Reason" For The Unjust Enrichment Law

There is no express provision of the assignment of burden of proof of the “lack ofjuridical reason” for the unjust enrichment law in our country of common law systemcurrently. There is a big difference of the referee results owing to different views,among of them is wrong, in the judicial practice of our country. The legislationexpressly provision of the assignment of burden of proof of the “lack of juridicalreason” for the unjust enrichment law, as soon as possible, has a positive impact onthe change of the current turmoil in the judicial practice，avoiding of the speculationin the litigation，the fraud of the litigation and the workload of the finding out of thefacts of cases and the using of the interpretation right by the court. This thesis notonly classifies the type of the unjust enrichment hierarchically, but also identificatesthe“lack of juridical reason” by the occurrence of the unjust enrichment based on thetype of the factum juridicum and behavioral agent of the civil juristic act. The thesisdiscusses the assignment of burden of proof of the “lack of juridical reason” for thedifferent type of unjust enrichment law in view of different theories andbased on different theoreticallens respectively.