An Analysis Of The Dispute Of Unjust Enrichment Between Fan And Shi

This paper takes Shi and Fan’s case of unjust enrichment as an example,through combing the basic case and combining the relevant evidence,draws two controversial focuses,that is,whether the case exceeds the limitation of action and whether Shi constitutes unjust enrichment;because the parties who should bear the burden of proof "without legal basis" determined by the court of second instance and the court of retrial are different,the result of the judgment is just the opposite.This leads to the consideration of how to distribute the burden of proof in the dispute of unjust enrichment.In addition to case analysis,this paper also uses literature research and comparative analysis.Through integrating and refining the claims of each theory,comparing the advantages and disadvantages of different theories,we can get our own views.Because each theory claims that the parties who should bear the burden of proof are different,it often has a great impact on the trial results of the case.After in-depth study and research on the distribution method of the burden of proof of each theory for "without legal basis",I believe that although each theory has a unique solution to the problem and theoretical basis,the author believes that no matter what kind of study there may be some shortcomings in solving this problem on the basis of any theory.Therefore,this paper emphasizes that we should not take a single theory as the basis of the distribution of the burden of proof "without legal basis",but should use the distribution of the burden of proof flexibly according to the different situations of specific cases,and the judge should strictly follow the principle of fairness and good faith.In principle,the case should be judged reasonably.As a negative fact,"without legal basis" for profit is one of the four elements of unjust enrichment,it is particularly difficult to prove for the person who requests to return the interest,and there is a great controversy on the distribution of the burden of proof.Therefore,this paper attempts to understand the distribution of the burden of proof in the element of "without legal basis" from a new perspective,hoping to draw a conclusion that can be helpful to the practice of the law.