Theoretical Research On The Concurrence Of Unjust Enrichment And Tort Liability In Infringement Of Rights And Interests

In today's rapidly changing society,intangible objects such as personality interests and intellectual achievements are increasingly being commercially transformed into objects of material value,which will bring endless wealth to individuals or social groups.However,it is precisely because these rights contain enormous property value that some business organizations and individuals concentrate or unintentionally violate the rights of others and make considerable profits.So for this kind of behavior,should it be defined as tort or unjust enrichment? At that time,there appeared the problem of tort and unjust enrichment.This problem appeared.Victims also had different choices about the way of compensation,and the punishment of beneficiaries also had different degrees of choices.In China's current judicial practice,the characteristics of such cases are that the beneficiaries compensate the victims for their losses.Because the benefits of infringement are greater than the compensation amount of the victims,the beneficiaries retain the benefits of illegal acts.This result is clearly contrary to morality and unacceptable to ordinary people.If we can not straighten out the relationship between beneficiary's tort and unjust enrichment rights,we will not actively regulate such acts.The legitimate rights and interests of the people are not guaranteed as they should,thus undermining the peaceful and stable social order.Therefore,in order to protect the legitimate rights and interests of the victim and to punish the infringer forcefully,so as to make the result of the case fair and just,we should clarify the relationship between the beneficiary's infringement and the unjust enrichment rights,and explore whether the unjust enrichment with the damage of rights and interests can compete with the beneficiary infringement.The constitutional conditions of the two are expanded,and their respective constituent elements are enumerated.This paper also discusses how the court should distribute the burden of proof and the scope of property returned by the beneficiary when hearing a case on the premise that it can compete.Through the analysis of the article,the author puts forward some suggestions on remedying the shortcomings of tort law,and tries to explore a more perfect relief mechanism to fully guarantee the legitimate rights and interests of citizens in the era of commercialization and ultimately achieve social harmony and stability.