On The Benefit Of The Unjust Enrichment

In the civil law system in our country,the application of unjust enrichment in a very awkward position,not only displays in the judicial practice,which the judge can’t correctly apply,but also is lack of theoretical research.In terms of quantity,there are only two legal provisions about unjust enrichment,far fewer than in other civil law country.From the perspective of theoretical research,the scholars who study the unjust enrichment are few,and the theoretical studies are numbered,which are far less likely to be compared with other countries and regions in the civil law system.In the1930 s and 1940 s,Anglo American law system countries re-examined the legal status of unjust enrichment,and more scholars proposed the concept of unjust enrichment to compensate for the gap between contracts and torts.In order to improve the logical structure of the civil law and clarify the boundary of the causes of various debts,it is necessary to further study the contents of the system of unjust enrichment.In the unjust enrichment,the interests in the constitutive elements are the core content,and only the content of the interests can be confirmed,and the next analysis would be carried out.Base on this,this article focuses on the "benefit" in the unjust enrichment system.In the first chapter,a brief overview of the background,concept and classification of unjust enrichment.The second chapter,put forward the division standard of classification which based on the existing theories,and in the view of comparative law,the new point about scope of interest(benefit)can be referenced under the trend ofthose in other countries.In the third chapter,put forward new ideas about the expansion of the scope of interests(benefit)and other problems of the unjust enrichment for thinking to the scholars in the future.The last fourth chapters,on the present problems and the future construction of unjust enrichment system,put forward personal suggestions.