| The system of unjust enrichment has played an important role in adjusting property changes without legal basis and maintaining social and economic order in various countries in the world.However,China’s system of unjust enrichment started late,and there are many contradictions and disputes in its application,so it is far from being able to play its legal function.In particular,in recent years,the number of unjust enrichment cases has been increasing year by year,and the phenomenon of different judgments in the same cases has occurred frequently.Therefore,it is particularly urgent and necessary to improve the system of unjust enrichment and unify the judicial scale and judgment standards.Explore unjust enrichment system is used to solve the problems of the process of,only to return to the existing determined to ensure accurate and true in the case,the empirical analysis methodology,this paper USES law of unjust enrichment disputes on the larger sample size to the empirical investigation,further discovery and knowledge under the judicial practice in our country apply the characteristics and problems of unjust enrichment system,in order to our current system of unjust enrichment perfect provide certain support and empirical reference data.The empirical part is developed from the sample cases selected from the three groups,and it is also concluded through multiple linearregression that the number of legal persons is the main influencing factor of the number of unjust enrichment cases.Sample 1 and sample 2 showed five characteristics: high annual growth rate of the number of cases,low mediation rate,high withdrawal rate,high rejection rate,high appeal rate;Sample 3 main three problems: the unjust enrichment claims and other claims define the relationship between different criteria fuzzy,return and bear the "no law according to" the main body of the burden of proof is not unified,mainly from the "three problems" to reflect on the application of the system of unjust enrichment,perfecting Suggestions from the following several aspects: first of all need to acknowledge the independent status of unjustified enrichment,under the premise of meet the requirements of composition and other usual,exclude the special circumstances of competition and regulation;Secondly,it refines the return stipulation,including the object and the return scope.Finally,the subject of burden of proof with "no legal basis" is clarified,that is,the plaintiff shall bear the unjust enrichment based on the behavior of the injured person,and the defendant shall bear the unjust enrichment based on infringement of rights and interests. |
