| In the field of public law in China,gambling,as an illegal act,is strictly regulated by criminal law and administrative law;In the field of private law,agreements related to gambling debts in civil cases are often confirmed to be invalid due to the illegal reason of gambling,but the existing return rules and compensation rules cannot provide substantial grounds for adjudication.Civil law countries generally adopt the payment with illegal causes system to solve the issue of return of such illegal contracts.However,due to the lack of the payment with illegal causes system,China has fallen into a dilemma of return issues.The judicial issue of gambling debt disputes is intertwined with the legislative issue of Payment with illegal causes,which is difficult to resolve.However,the close connection between them indicates that the solution of these two issues should not be separated,so it is an appropriate choice to address both legislative and judicial aspects together.Starting from this,this article is based on judicial practice,analyzing the shortcomings of previous trials,re-examining the impact of gambling factors on the right to return requests,and sorting out the logical relationship between it and the existing return system in China.It provides theoretical support for some courts to use the theory of illegal cause payment to make judgments of refusal to return,which is conducive to the court maintaining a positive exploration trend.In addition,starting from actual cases,this article abstracts a progressive and specific judgment rule that is suitable for China’s actual situation,from objective cause judgment to subjective cause judgment,laying the foundation for the subsequent legislative construction of the illegal cause payment system. |
