On The Scope Of Application Of My Country's Unjust Enrichment System

Unjust enrichment means no legal reasons and benefit,and make others suffer from the loss of the facts.Its function is to correct the imbalance of interests.Unjust enrichment system originated from Roman law,after two thousand years of development has become an independent system of civil law,and generally accepted by continental law system and Anglo-American law system countries,more and more high attention and reference for our country law.Although China's current civil legislation system has largely complete,but the legislation and research of unjust enrichment method is still very weak.From the point of view of legislation,the regulation of our country to the unjust enrichment system simple and lack of operability.The latest by 2017 only in "general civil law" the 122th regulation:"because there is no law according to others,profits are acquired improperly,the person who suffered the loss reserves the right to request the return the improper benefit." So design civil law general principles,just directly copied "general principles of the civil law" the 92th,no new idea.So brief law to cover as an independent system of the overall content,is sent away.Judicial practice also did not fully understand the system of unjust enrichment property-moving relationship for regulation,of unjust enrichment and other creditor's rights of claim and right of claim of real rights relations have fuzzy understanding,unjust enrichment claim not applicable or abuse,this requests us to the unjust enrichment system from the legal theory and practice on the analysis and research,to the applicable scope of the comprehensive judgment on unjust enrichment in our civil law.Therefore,this article mainly divided into four parts:The first chapter,this paper discusses historical origin and theoretical basis for unjust enrichment system:first of all,the source of the research method of unjust enrichment,the analysis of all kinds of specific types of unjust enrichment in Roman law,clarify its relationship with modern scope of unjustified enrichment;Expounds the theoretical basis of unjust enrichment,research the legislative purpose of unjust enrichment system,in order to its applicable scope defined the appropriate basis.The second chapter,apply to comparative law analysis,unjust enrichment system to sort out the countries all over the world the status of the right of claim for unjust enrichment in the civil law and the use rules,in order to deepen the cognition of unjust enrichment applicable,expanding horizons,confirm the development trend of unjust enrichment applicable in our country.Unjust enrichment in the third chapter,according to our country's civil law applicable to the status quo,the analysis of unjust enrichment in commenting system suitable for design flaws,and the judicial practice caused by the adverse consequences,and analyze its cause of formation.To solve the path below the stage.The fourth chapter,for our country in the future civil code of unjust enrichment design Suggestions are put forward.First of all,on the basis of the theory of property rights in our country have sexual,clear liability concurrence of rule of law,reduce unnecessary concurrence of claim;Second shall establish a general rule of unjust enrichment,and clear the applicable conditions and constitutive requirements:clear interests and does not benefit the connotation and types of the kind and content of the legal reason;Finally,in order to make legal relationship clear and concise integrate national legislation and jurisprudence,to protect the interests of the bona fide beneficiary of the trust.