Legal Structure Of Unjust Enrichment For Three People In China

There are many theoretical researches of unjust enrichment for three people in Germany, Japan, Britain and Taiwan regions. The different views make it to the new hotspot in the theoretical research of law. But also, it makes the research of unjust enrichment for three people more opening, because that we can't give a unified standard to judge these case. In the different view, scholars can have different researches in unjust enrichment for three people.Compare to other regions, the research of our country is little in unjust enrichment for three people. These cases always happened in the developed regions, such as German, Japen, Britain. It will pay attention to unjust enrichment, because cases. The economy of our country is just staring in the recent years, but it is growing fast. So,there are more and more cases well happening.The author analyses the constitutive requirement of unjust enrichment for three people, through researching the theory of other regions. And author wants to know what the rights do the people have who hope to regain the unjustified benefits. Finally, author is trying to propose the legal structure of unjust enrichment for three people in China.There are 37000 words in paper, and divide into five parts.The first part describes the problem of unjust enrichment for three people in our country.The problems are deficient law, deficient theory and applying difficultly. The key problem is the deficient theory. This problem will lead to the deficient law, and then result to apply difficultly.The second part analyses the constitutive requirement of unjust enrichment for three people.Constitutive requirement is the most important part in legal structure of unjust enrichment for three people. The case possesses below five points can be unjust enrichment for three people. First is someone gain; Second is another is lost; Third is not according to the law; Fourth is causal relationship; Fifth is three people participating in this relationship.Pay attention to the situation that one side has two people. People who owned by all have the equal rights and obligations to other people.The most importance in constitutive requirement is causal relationship. Our country chooses the theory of social concepts that is one theory of causal relationship. It has vast range on protecting. And it avoids to over explain the payments relationship. But we also should limit the theory of social concepts. We should set up the sequence of causal relationship. Firstly choose direct relationship, and then choose social concepts. If people choose direct relationship can reasonably solve their cases, we can't expansive the range of causal relationship. If people choose direct relationship to solve cases obvious unfair, we must choose social concepts. It is also to abide by the sequence when we confirm who has gained profit. Author apply this sequence by analyzing the different kinds of cases in the fact.The third part is analyzing the legal effect of unjust enrichment for three people.Author puts forward the right of unjustified benefits for three people and the right of defense.In this part, author researches the quality, object and range of this right. It should to enlarge the details of object, and innovate the meaning of residual interest. It is a new point that residual interest includes the rights of unjustified benefits.In three unjust enrichment of defense study analysis the three defense for unjustified enrichment- good faith. How should to claim the lost, when the people who is damaged by the good faith. It should protect all the people's right of defense.The fourth part is epilogue. It summarizes all of above, and gives five suggestions. These are detailed law, limited social concept, strengthening the study of the types of unjust enrichment for three people, expansion rights of unjust enrichment, and enriching the right of defense of unjust enrichment.