Research On The Legal System Of Payment For Unlawful Reasons

Payment for wrongful reasons is not a positive law system in our country.Under the background that the Civil Code does not clearly stipulate the payment for wrongful reasons,we should explore and construct a reasonable payment for wrongful reasons according to our country’s national conditions.The first chapter sorts out the path of judicial judgment on payment for illegal reasons.The main path of the court’s judgment includes dismissing the lawsuit,rejecting the payer’s claim,recovering or confiscating the payment due to illegal reasons,returning all the payment and returning it as appropriate.The existing adjudication path has shortcomings such as improper application of laws,escaping to other legal departments,and easily leading to inconsistencies in private law and different judgments in the same case.The second chapter sorts out the academic disputes of payment for wrongful reasons,and then demonstrates the necessity of the legislative scheme of payment for wrongful reasons.The system of payment for wrongful reasons has independent value.The failure to adopt the system of payment for wrongful reasons in legislation is not a denial of the value of the theory of payment for wrongful reasons.The purpose of the system of payment for wrongful reasons should be positioned as general prevention.The solution of the theory of legal interpretation cannot solve the problem of payment for illegal reasons.The lack of the system of payment for illegal reasons does not constitute a legal loophole,but the intentional silence of the legislator.The exploration of the construction of the legislative theory conforms to the original intention of the legislator.The third chapter demonstrates the constitutive elements of payment for illegal reasons.The constitutive elements of payment for illegal reasons include illegality,reason and payment.Illegality refers to violation of the mandatory provisions of the law and public order and good customs,and the cause refers to the illegal purpose or motive.In the subjective aspect,it requires the perpetrator to have awareness of the illegality of the cause.For public order and good customs,it is required to be limited to negligence,and to the mandatory provisions of the law,it is required to be limited to intentional.Payment refers to the purposeful and conscious behavior of benefiting.The fourth chapter constructs the legal effect of payment for unlawful reasons.Confiscation is the principle of payment for illegal reasons,and the power of court confiscation should be restored in the Civil Code.If the illegal cause exists only on the recipient or the payer stops the illegal act,the payer is allowed to request the return,and the recipient may retain the payment only if the payer is responsible for the illegal cause.