On Payment For Illegal Causes And Its System Construction In China

In terms of comparative law,the civil law system has established the system of payment for unlawful reasons,which refers to the payment behavior based on the violation of mandatory legal norms or social public order.However,in China’s civil law system,there is no similar provision of the payment system for illegal reasons.In view of the return of illegal contract interests,China’s civil law system is mainly regulated by the unjust enrichment system.China’s general principles of civil law and contract law both set the rules of restitution and the way of dealing with damages,but this provision cannot well guide judges to make a fair and just judgment in judicial practice,so should China consider introducing the payment system for illegal reasons to solve this legislative deficiency?The first chapter "illegal payment behavior of the relevant system",mainly through the comparison of relevant systems,in continental law system and Anglo-American law system are set up prohibit return rules,payment system on the mainland legal system called it illegal reasons,Anglo-American law system through set for the discretion of the judge discretion standard in order to achieve a similar effect.What is the lawless cause,mainly from the lawless cause of the three components of its scope of application is discussed.The second chapter,"the illegal payment behavior rules and judicial status",the illegal and invalid contract,has to pay property is how to deal with the problems in our country civil law provisions when behavior is determined to illegal and invalid,the receiving party shall return the property to the payment of one party,including the fault of one party should undertake certain responsibility,the two sides of the illegal acts are at fault,we have to according to their respective proportion of fault responsibility,thus setting the returned to the handling and damages.However,under the unjust enrichment system,a single return rule cannot fully cover the return after the invalid illegal contract applicable to complex situations.In contrast,in China’s judicial practice,the judge often does not directly apply the rule of returning property in the contract cases that are illegal and invalid,and the judgment result obtained by directly applying the return rule may not be reasonable in some cases,which may lead to unfair and unjust judgment result.Faced with such a dilemma,the judge,in order to draw the conclusion of the prohibition on restitution,will try his best to find other relevant legal provisions to make the ruling of prohibition on restitution reliable.The third chapter is "the necessity of introducing the payment system for illegal reasons".The main reason for the messy judgment process mentioned above lies in that there is no similar payment system for illegal reasons in China except the unjust enrichment system.The law is one-sided and unitary,leading to the absence of clear legal application for judges in the judgment process.In conclusion,through the problems reflected in the legislation and judicial practice of our country,it is necessary to introduce the payment system for illegal reasons to improve the existing legal provisions of our country.However,there are some problems in the system of payment for illegal reasons.How to introduce the system of payment for illegal reasons? This paper suggests that we can use the case adjudication method of common law system for reference on the basis of the prohibition of restitution rule.Chapter four,"the construction of China’s payment system for illegal reasons",can solve the situation of unilateral violation of contract through China’s existing unjust enrichment system,and generally there is no dispute.However,for invalid contracts in which both parties are in violation of the law,simply introducing the payment system for illegal reasons may also cause problems.At this time,the prohibition of restitution rule can be introduced at the same time,relevant considerations can be set up to set more clear standards for judges’ judging activities.