The Study Of The Rights Violation Type Of Improper Profit System

The unjust enrichment originated from the condictio of Roman law.After condictio,the studies on unjust enrichment in various countries around the world are focused on the theoretical system of unjust enrichment,until 1934,when Austrian scholar Wilburg proposed the unprofitable benefits Type,The unjust enrichment of infringing on rights and interests is gradually to enter the angle of unjust enrichment researchers,and they discuss and study them on various aspects.Different countries and regions in different legal systems have the "benefits of infringement" system.but,in our country,the study of the theory of the unjust enrichment of infringing on the rights and interests has been quite mixed and not systematic,coupled with the legislative defect lead to the confusion of judicial practice and the right choice facing the problem of claim the parties,has made our unjust enrichment of infringing on the rights and interests system should be set up immediately.This article This paper draws on the existing theories in our country,and combine with the judicial practice in our country,learn from the research achievements of various countries and Taiwan in China,Through the case leads to the unjust enrichment of infringing on the rights and interests in our country's legislation and judicial problems,And then explores the application space of unjust enrichment of infringing on the rights and interests,Specific analysis the constitutional requirements and legal consequences of the unjust enrichment of infringing on the rights and interests,Finally,points out the status of unjust enrichment of rights infringement in the civil code of our country and puts forward corresponding legislative suggestions of unjust enrichment of infringing on the rights and interests.In addition to the conclusion,this paper is divided into four parts:The first part is the introduction of this paper,mainly including the research background,research significance and practical value,the research status both domestic and abroad and the research of the basic ideas,methods and innovations.The research background is mainly from the theoretical development trend of the unjust enrichment of infringing on the rights and interests,the controversial points of the legal system of the countries,the legislation of other countries,the legislative status and the judicial practice of China,etc.Domestic and foreign literature review mainly introduces China's internal and external scholars' research perspective,research method and research content about the unjust enrichment of infringing on the rights and interests in process of historical development.This paper mainly adopts literature analysis,comparative study method,case analysis and functional research method.The innovation of this article points the main is to use cases in trial practice shows that this article will discuss the main problems and the establishment of civil code in China as the research background,trying to determine the unjust enrichment of infringing on the rights and interests in the future civil code,and put forward the specific legislative proposals.The second part introduce the typical cases and analyze the cases to bring out the existing problems.The debate mainly about what kind of regulation should be adopted to benefit the perpetrator from infringement in the legislative.The characteristics and differences between the claims of the right to infringement damages and the right to improper profits of the right to infringement,and the unjust enrichment of infringing on the rights and interests on the special functions of the regulatory agency for the benefit of infringement of rights and interests of unjust enrichment claims the necessary independenceThe third part mainly discusses the constitutional requirements of unjust enrichment of infringing on the rights and interests,the theory and practice have the three elements and four elements,this paper take the four elements,says the constitutional requirements of unjust enrichment of infringing on the rights and interests include the victim's rights have been violated,the offender benefit,causal relationship between damage and benefit,there is no legal reason,four constitutive requirements,in addition,also investigate numerous legal reasons on the distribution of burden of proof.In the fourth part,the legislative proposals are mainly to determine the status of the unjust enrichment of infringing on the rights and interests in the future civil code of China,and what kind of legislation should be adopted? This article advocates learning from Germany and China Taiwan's legislation,adopt mixed legislation,in the general provisions of general principles of unjust enrichment,In the sub-rules will provisions unjust enrichment typed,and provisions the constitutional requirements of unjust enrichment of infringing on the rights and interests,the general type,and their respective legal effect.From the micro level,the specific system is determined,mainly in the unjust enrichment of infringing on the rights and interests,the return of the subject,the object and the benefit of the benefit.