Study On The Distribution Of The Burden Of Proof In The Unjust Enrichmen

As one of the causes of the debt, it originated from a kind of system which was created by Rome law, which has been inherited by the civil law system, and has become an important system in civil law. In our country "civil law" and the Supreme People’s court"on the implementation of the" People’s Republic of China national law, "the opinions of some problems also carried out the corresponding provisions, but the content is too simple,lack of operability, especially for the unjust enrichment" no legal according to "the elements of the burden of proof distribution is not clear, so as to bring about the theoretical research and judicial practice confusion. Which in the academic community also formed by the burden of proof to the plaintiff or defendant, such as the fact that the burden of proof to the defendant, the legal elements of the classification of the burden of proof are all assigned to the plaintiff, there will be a good benefit for the specific type and type, so that the distribution of the burden of proof of the type of theory and other types of theory. In practice also decision view differences, contradictions filed one after another, "with different judgments", even "different codefendant" predicament. The legislative uncertainty, the theoretical differences lead to practical difficulties. This paper tries to analyze the problem of "non legal basis" from the aspects of the connotation, component elements, basic theory and existing problems of the burden of proof, and the basic principle and equity of the burden of proof。...