The Difficulty Of Proving Unjust Enrichment Litigation And Its Relief

Unjust enrichment refers to benefiting without legal basis,and "without legal basis" usually has difficulties in proving.This kind of proving difficulty is reasonable in most cases,mainly considering the transaction security and the stability of the legal relationship,avoiding the existing legal relationship and the right state to be broken improperly.However,in some cases,the difficulty of proof also leads to a certain degree of unfairness,which should be alleviated.In this paper,the main research object is to explore the relief principle and countermeasure of the proof difficulty in this case.The first chapter firstly introduces the unjust enrichment litigation of burden of proof allocation problem,the allocation of burden of proof is unjustified enrichment analysis prove difficult premise,through to the unjust enrichment of the constitutive requirements,such as functional meaning and the general provisions on the allocation of the burden of proof in our country specific,unjust enrichment litigation of burden of proof should always be borne by the claimant,the lawsuit activity concrete proof of the difficulties faced by specific ease the burden of proof.Typed analysis,the second chapter will be unjust enrichment suit "no according to law" can not directly equate to general cases to be proved,but a series of civil legal act,fact is not a specific behavior and even the collection of the event,before the discussion proved difficult and specific mitigation measures,must be clear "no law according to the" to refer to the specific content,the classification of the lawsuit against unjust enrichment by the discussion and arrange,can be found proved difficult mainly into two categories: The first is that when there is no legal basis for the negative facts,the negative facts are generally characterized by broad generalization and uncertainty,and the parties have difficulties in proving the negative facts.The second type is that in some types of unjust enrichment litigation,the evidence may be biased,the parties have difficulties in collecting and presenting evidence.The third chapter mainly introduces the general principle of relieving the difficulty of proving unjust enrichment litigation: free evidence of conscience.Themain function of free evidence is to establish the facts.If we can give full play to the positive role of free evidence,we can determine the facts to be proved to the greatest extent on the premise of guaranteeing the cost and efficiency of litigation,which means we can minimize the probability of applying the burden of proof.Free proof is a general principle,which is operated by indirect proof,rule of thumb and probability.The fourth chapter is the introduction of the concrete countermeasures to alleviate the difficulties in proving unjust enrichment litigation.There are two types of unjust enrichment litigation prove difficult basic,for the first kind of prove difficult,that is when "there is no law according to" show the negative fact,proof of the parties face difficulties is not a concrete,evidence of a specific object,can adopt the countermeasure is to strengthen the fact that obligation of the parties,the purpose is to determine the object of proof;The second kind of proof difficulty is the difficulty of evidence collection and presentation caused by partial evidence.This chapter also tries to introduce the countermeasures to alleviate the difficulties by combining the standard of proof with the specific burden of proof,and finally introduces some other methods to alleviate the difficulties in judicial practice.