The Distribution Of Proof Responsibility About 'No Legal Basis' In Unjust Enrichment

The unjust enrichment system consists of four elements,namely,one party benefits,one party damage,causal relationship between benefits and damages,and no legal basis for gains.There is not much disagreement on the burden of proof of the first three elements of unjust enrichment in the theoretical and practical circles.However,there are many different theories for the fourth element,namely,unjust enrichment,"no legal basis",the theory of burden of proof,and there is no trial standard that can reach consensus.Therefore,which party provides the burden of proof for the unj ust enrichment "no legal basis" is a focus of unjust enrichment.This article is divided into four parts:The first part is the introduction of the problem,that is,the inductive and summary of the contradictions in the practice circles and the theoretical circles in China.Through the inductive analysis,the current situation of the distribution of responsibility in China is proved to be unjustified,especially the new chaos after the interpretation of the Civil Procedure Law.The second part argues the "unified statement" and analyzes the inadequacies of"the claimant's said" and "the claimed right holder".The third part proves the "non-unified theory" and proves the rationality of the"non-unified theory" from the perspective of domestic law and extraterritorial legislation and general theory.In the fourth part,on the basis of acknowledging the "non-unified theory",the type of differentiation of unjust enrichment is divided,and the unjust enrichment is divided into "payment for improper profit" and "non-payment for improper benefit"according to the reasons for occurrence.Then,the burden of proof for each type of unjust enrichment "no legal basis" is assigned,and the best model for the unjust enrichment "no legal basis" to prove the distribution of responsibility is explored.