Study On The Civil Legal Consequences Of Paying For Illegal Causes

In the civil law countries,the payment of unlawful causes is a defense reason for the right to return the claim for improper gains.However,in China's current civil legislation,there is no set up of the payment mechanism for unlawful causes and there is no corresponding basis for the right of claim,but it is based on the invalidity of legal actions Handle such situations.However,in practice,civil cases involving "illegal payment" emerged,and relying solely on invalid contract treatment rules did not meet the needs in practice,and also put pressure on the court's judgment and reasoning.Therefore,in the future,China's civil code should improve the adverse consequences of civil aspects caused by the invalidity of legal actions due to illegal payment.In order to better study the civil legal consequences that should be borne by the payment of illegal reasons,in the design of the structure of the paper,first of all,questions are asked to clarify the research value and significance of the research,and the current status of domestic and foreign research is combed to Questions provide direction.Secondly,since there is no payment system for illegal reasons in our country,in Chapter 1,we discuss the basic theory of payment for illegal reasons,including the historical evolution of the payment system for illegal reasons and our country's legal consequences for the payment of illegal reasons The basic situation is definitely based on the current situation.It is practical to establish a system of payment of illegal causes in China.At the same time,analyze the constituent elements of the payment of illegal causes,and based on this comprehensive consideration of various factors,so as to carry out the payment of illegal causes in Chapter 2 Analysis of typed patterns.On the basis of further clarifying the circumstances that constitute "payment for unlawful reasons",in Chapter 3,the civil legal consequences of cases of payment for unlawful reasons in judicial practice in China are specifically divided and various judgment paths are considered,Refine the commonalities of various paths andclarify their advantages and disadvantages.Finally,in Chapter 4,based on Chapter 3,we propose strategies for improving civil law consequences for unlawful causes,exploring legislative styles and processing rules suitable for our country,which also deal with difficult problems in judicial practice and third The chapter discusses the issues arising from the civil legal consequences adopted in judicial practice and responds accordingly,to better improve the civil legal consequences of our country's unlawful payment.