Distribution Of The Burden Of Proof For Payment Unjust Enrichment

As an example from the unjust enrichment case COMPANY GANSU RUINING V.COMPANY GANSU XINCHUNYANG,this thesis focuses on the subject Distribution of the Burden Proof for Payment Unjust Enrichment,discusses and suggests the way to standardize and improve this system.From chapter I,this thesis introduces the case from background,and four civil trails such us first instance,second instance,the retrial of first instance and the final instance,emphasis on the plaintiff's claims or defendant's refute,the facts and proofs on which they are based,the process and result of the judge's determination.Comparing with three opposite judgments,this chapter leading to the subject as the Title.In the end of this Chapter,this thesis introduces the concept and function of unjust enrichment,analyzes four elements of unjust enrichment: one party obtained interest,the other party suffered losses,there is causal relationship,without legal basis.There are two types of unjust enrichment,which are non-payment unjust enrichment and payment unjust enrichment,from which we just discuss the latter in this thesis.Chapter II,firstly discusses the general principle and the special rules in China's civil lawsuit system,comparing with German,Japan and The Taiwan region.Furtherly,it introduces and discusses the different views of "the burden of proof for the plaintiff" and "the burden of proof for the defendant" in the academic and the judicial practice,and finally puts forward the view,that "the burden of proof for the plaintiff" is principle in the trial of unjust enrichment.Ends with Chapter III,this thesis gives some suggestions on standardizing and improving the distribution of burden of proofing in the trial of payment unjust enrichment.