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The Unjust Enrichment Of Burden Of Proof In Lawsuit

Posted on:2015-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:C Y SongFull Text:PDF
GTID:2296330467454225Subject:Law
Abstract/Summary:PDF Full Text Request
With the increasing of unjust enrichment litigation cases, manycomplex problems arising in practice, and our country’s provisions aboutunjust enrichment system is only a rule of law and a judicialinterpretation, these can not solve the complex problems in the practice,problems in practice and theory in the complex simple contrast. The lackof law and the scarcity of theory, lead to unjust enrichment procedureon the elements of the distribution of burden of proof problem of greatcontroversy, the focus of controversy is the unjust enrichment of thedistribution of burden of proof in litigation "profit without legal basis",both the theory circle and practice circle have "the defendant said" and"the plaintiff’s burden said" differences. Moreover, in practice thereare misallocation of burden of proof, ignoring the burden of producingevidence and the burden of proof is not strictly in accordance with therequirements and so on. This will inevitably cause the phenomenon ofdifferent codefendant to appear in court, but also can lead to thealteration of litigation to choose their own.In order to explore unjust enrichment and reasonable allocationof burden of proof in litigation, especially the "correct distribution of profit without legal basis" the burden of proving, firstly, analysistypical case to find out the lawsuit’s focus on the distribution of burdenof unjust enrichment. Then summarize the existing burden of proof ideasand arguments of various theories of reasons to seek the theoretical basisof allocation of the burden of proof. Analysis of China’s rules ofdistribution of burden of proof system and on this basis, straighten outthe applicable rules of distribution of burden of proof of our order, theunjust enrichment of the distribution of burden of proof in lawsuit shouldbe the distribution of burden of proof rules apply. At the same time, thepaper will use the current mainstream theories of allocation of burdenof proof to criticize "the defendant said", expounded the unjustenrichment of distribution of burden of proof in litigation,"thedefendant said " is wrong in the distribution of responsibility of proofin unjust enrichment. In addition, the author using denial and counterpleatheory in the lawsuit of unjust enrichment, to judge the defendant claimsagainst the plaintiff. If the plaintiff has been completed the burden ofproof, the exercise of rights against the elements, at this time thecounter is the defense; if the plaintiff has not been completed the burdenof proof, unjust enrichment claims can not be established, the defendant’sretort is for the right conditions, the counter can only be identifiedas the denial. According to the theory,"deniers does not bear the burdenof proof, the plea of testifying responsibility", clearly specificallocation of burden of proof in lawsuit of unjust enrichment.
Keywords/Search Tags:Unjust enrichment, burden of proof, deny, defense
PDF Full Text Request
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