On The Right To Return Improper Claims

The unjust enrichment system is based on the concept of equity and aims to adjust for changes in property that can not be legally caused.This system originated from the Roman law and has existed for more than two thousand years now.Although unjust enrichment is an independent system in our country,only the general provisions are set in the legislation,and no specific normative norms are stipulated.Due to the high degree of abstract unjust enrichment legislation,judicial practice can only rely more on theoretical theory,from which to find a specific operating guide.Therefore,examining the combination of unjust enrichment theory and judicial practice and studying the problems occurring in the process of combining theory with practice are of crucial importance to the development of our unjust enrichment system.This article based on judicial practice,combined with practical investigation and theoretical research methods.This article is divided into three steps.First,we use the research methods of practice investigation to conduct statistics and analysis of the actual unjust enrichment cases.During this process,we find the main problems in the application of the unjust enrichment return claim.Then,in view of these issues in-depth analysis of relevant theories and theories,find the crux of the problem,to achieve the original Qingyuan effect.Finally,through the analysis and summary of the problems,based on this,the article puts forward concrete suggestions on the perfection of the system of claim for the return of unjust enrichment,and provides references for the solution of the main problems that appear in practice.