Study On The Scope Of Restitution Interest Of The Claim For Return Of Unjust Enrichment

Our existing system of unjust enrichment is very incomplete,only three provisions in existing law to be adjusted.The general clause of unjust enrichment is regulated by Article 122 of the General Provisions of the Civil Law of the People's Republic of China,Article 92 of the General Principles Of the Civil Law Of the People's Republic Of China and Article 131 of the Supreme People's Court on Issuing the Opinions on Several Issues concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China(For Trial Implementation).Our country's legislation in mainland about unjust enrichment is not perfect,which leads to juridical confusion.In the juridical practice,there are two main issues.Firstly,it is necessary to define the scope of restitution according to the intention of beneficiary.But there is no relevant provisions of legislation.Secondly,there is no clear regulations about payment with unlawful cause in unjust enrichment legislation.Thus,this paper analyzes the scope of return of unjust enrichment from two aspects.From the standpoint of the intention of beneficiary,the scope of restitution for receiver with good intention should be restricted in extant benefits.But for receiver with evil intention,liability is heavier.From the standpoint of those who suffer from loss,I think the payment with unlawful cause can't be returned by request.This paper consider it as a special issues about the scope of return of unjust enrichment and try to analyze the places belonging to the benefits from unlawful payment.