Forced Enrichment

Forced enrichment refers to situations in which forced beneficiaries accept benefits that different with his subjective intention or economic planning due to the intentional or gross negligence of the injured person.It has great significance to study the forced enrichment for fully respecting the free intention of beneficiaries and implementi the principle of autonomy of intention ng the principle of autonomy of intention.China’s legislation and theories have not taken the subjective intention of beneficiaries into consideration when determine the benefits,that cause when beneficiaries receiving benefits which different with his subjective intention or economic planning,court often treated it as unjustified enrichment.It often causes unequal rights and duties,ultimately leads to unfair results.The article study forced enrichment and subjective intention of beneficiaries based on cases analysis by a variety of methods such as references analysis and comparative analysis.Try to put forward a personal view that the subjective intention of beneficiaries in forced enrichment should be substantially inspect.In practical terms,we can learn from the advanced method about establishing the principle of subjective devaluation in the foreign law.Limit the use of subjective devaluation by incontrovertible benefit,free acceptance and defendant chose the benefit.The full text is divided into five chapters,besides the conclusion:The first part introduces several legal precedents,and points out that when determine the benefits.The neglect of beneficiary’s subjective intention may lead to wrong treatment,To some extent,it against the concept of equality.Therefore,it is extremely necessary to strengthen the substantially inspect of beneficiary’s subjective intention by comprehensively study the basis of forced enrichment,the determine and limit of enrichment,and the distinction between forced enrichment and other systems.In the second part,the author suggests that we can learn from English law when determine the benefits.Establish the principle of subjective devaluation,prevent the abuse of subjective devaluation by applicating the principle of incontrovertible benefit,the principle of free acceptance and the principle of defendant chose the benefit.The third part through the comparison of two major legal systems,the author puts forward that the benefits in forced enrichment should be limited.Beneficiary cannot claim forced enrichment under the circumstances of accepting currency,accepting the things that have not changed their original state,accepting the undeniable benefits,and accepting foreseeable necessary expenditures.In the fourth part,on the basis of determining the implementing subject of forced enrichment.The text focuses on two parts:the beneficiary’s subjective intention and the subjective state of the injured person.The implementing subject of forced enrichment should be limited in the situation that can only caused by the behavior of the injured person.It is clear that the beneficiary of forced enrichment subjectively is unwilling to accept the benefits.Intentional or gross negligence of injured person’s subjective state can constitute forced enrichment.The fifth part is based on the cases study.Text makes a distinction between forced enrichment and unjustified enrichment,forced enrichment and negotiorum gestio.