Study On The Burden Of Proof Of Unjust Enrichment

Unjust enrichment is a long area of the law of obligation,and has become a contractual obligation,tort obligation,the legal system of debt management in parallel,which originated from Rome law,has a strict conditions and applicable scope.The important function of unjust enrichment for adjustment of lack of legal cause of property change,which reflects the value orientation of justice,become an important system to transfer the balance between the interests of the civil subject interests and norms.In judicial practice,cases of unjust enrichment are increasing.According to the provisions of China's "civil law" article ninety-second of the constitution,not when the following four aspects:(1)a benefit;(2)One party be damaged;(3)causal relationship between profit and losses;(4)profit without legal basis.The theory and practice in the first three elements of unjust enrichment of the distribution of burden of proof,a unified understanding and clear standards;but for the unjust enrichment in the lawsuit "profit without legal basis" is controversial,no unified standard of distribution.Often in the practice of profit without legal basis on the distribution of the burden of proof is different,resulting in different co contracting phenomenon,affecting the fairness and authority of judicial adjudication.In this paper,based on the public judgment documents to study the burden of proof in unjust enrichment,which has no legal basis,the author summarizes the status of the burden of proof in judicial practice,and puts forward some reasonable opinions.Firstly,the article starts with the typical cases of the public documents published on the judgment documents.Through the comparison of the four cases,it reflects the present situation and problems of the distribution of the burden of proof.Then,according to the differences of the academic circles,the author discusses the "burden of the defendant" and "the burden of the plaintiff" under the unified theory.Then,according to China's current laws and regulations on the burden of proof in civil litigation and the general provisions of foreign law on unjust enrichment "profit without legal basis" that in fact the distribution of elements of responsibility,rationality "type of analysis".Finally,through the analysis of the types of unjust enrichment,the paper illustrates the operability of the evidence.