Research On Unjust Enrichment Of Infringing On Rights And Interests

Unjust enrichment of infringing on rights and interests refers to the interests gained from infringement on the rights and interests of others,which constitute unjust benefits due to lack of legal reasons.Unjust enrichment of infringing on rights and interests is evolved from based on the theory of unjust enrichment.As an important non-payment unjust enrichment,unjust enrichment of infringing on rights and interests is of great practical significance.In the loss situation caused by the infringement of others,the impaired party is entitled to choose to execute between right of the claim for unjust enrichment and right of claim for infringement indemnity,which provides more comprehensive benefits and protection for the parties concerned.China's law does not stipulate such unjust enrichment,but there have been a large number of cases of unjust enrichment of infringing of rights and interests in China's practice.The provisions and studies on unjust enrichment of infringing of rights and interests in legislation and theory are not sufficient,resulting in the non-standard judicial application.This paper uses case analysis,literature analysis and comparative study,and other methods,on the basis of drawing on research achievements of different countries and Taiwan,analyzes unjust enrichment of infringing on rights and interests,discusses a lot of difference between unjust enrichment of infringing on rights and interests and tort liability,demonstrates independence applicable to the unjust enrichment of infringing on rights and interests,and analyzes return object,return scope of unjust enrichment and other legal effects,in order to make system of unjust enrichment of infringing on rights and interests perfected in the civil code.In addition to the introduction,this paper is mainly divided into six parts:Part I: introduces the basic principle of unjust enrichment of infringing on rights and interests.Firstly,it defines the concept and types of unjust enrichment of infringing of rights and interests.Then it analyzes the return theory of unjust enrichment of infringing on rights and interests.It discusses the reasons why unjust enrichment of infringing on rights and interests must be returned to the injured party.It analyzes the behavior violation theory and the ownership theory of rights and interests,and finally draws the conclusion that unjust enrichment of infringing on rights and interests should be returned based on the ownership theory of rights and interests.Part II: From legislature and jurisdiction,it analyzes the present situation of unjust enrichment of infringing on rights and interests,points out the roughness and greater blank place in the legislative provisions of unjustified enrichment,which contributes to the confusion of the judicial practice in our country.The unjust enrichment of infringing on rights and interests still has shortcomings in various aspects,so there is great research space.Part III: analyzes the difference between unjust enrichment of infringing on rights and interests and tort liability.From system function,constitutive requirements,the burden of proof and the legal consequences,it clarifies the differences between right of the claim for unjust enrichment and right of claim for infringement indemnity,in discussing constitutive requirements difference,further explains content and characteristics of constitutive requirements of unjust enrichment of infringing on rights and interests in detail,and shows the uniqueness of unjust enrichment of infringing on rights and interests.Part IV: discusses independence applicable to the unjust enrichment of infringing on rights and interests.This paper analyzes four kinds of application relations between unjust enrichment of infringing on rights and interests and tort liability through judicial cases.According to comparative law and academic theory,it introduces the theory of subsidiarity and independence of unjust enrichment and discusses the independence of unjust enrichment of infringing on rights and interests.Part V: analyzes the return effect of unjust enrichment of infringing on rights and interests in detail.Firstly,it is pointed out that the object of unjust enrichment return includes four contents: the due interest,the person thereof,profit repayment and the responsibility of profit return.Then,it further discusses that the subjective state of the beneficiary should be examined in determining the scope of return of unjust enrichment.It also discusses that the determination of the beneficiary's goodwill and bad faith should be subjected to the beneficiary's awareness of the profit earning without legal foundation.Finally,the specific scope of restitution is determined by distinguishing the kind and malicious beneficiaries.It is pointed out that kind beneficiaries should bear relatively light return responsibility,returning the existing interests only,and the corresponding expenses can be deducted in returning.However,malicious beneficiaries should be subject to heavier restitution liability,covering the interests received,additional interest and damage compensation,and limit the deduction of fees when malicious beneficiaries return.Part VI: puts forward some suggestions on the improvement of unjust enrichment ofinfringing on rights and interests system.This part determines the status and legislative style of unjust enrichment of infringing on rights and interests in China's civil code macroscopically and puts forward the view of putting the rule of unjust enrichment under the contract of civil code.From the micro point of view,it determines the specific system of unjust enrichment of infringing on rights and interests,and some legislation proposals are put forward from the definition,constitutive elements,the scope of return and distribution of burden of proof and other aspects.