Payment for Illegal Reasons
|School||East China University of Political Science|
|Keywords||illegal reasons public order and morals payment return recover|
With the development of scientific and technological progress, our participationin social activities has become more flexible. Meanwhile, payment for illegal reasonshas been more frequent and serious. Illegal reason has two meanings: one is theviolation of law and another is the violation of public order and moral. People aredemanding legal regulations, but the law works not so well in this aspect. This paperdiscusses on the issue and is composed by four chapters. The first chapter is thelegislative history of payment for illegal reasons. The second chapter is the elementsof the payment for illegal reasons. The third chapter is the legal consequences of thepayment for illegal reasons. The last chapter is the legislative suggestions for ourcountry’s payment for illegal reasons.In the first chapter, we have studied the legislative history of the payment forillegal reasons, which comes from Civil law and Common law. We have discusseddifferent generalizations and definitions to grasp the causes and developments of thepayment for illegal reasons. In the second chapter, we mainly introduced the elementsof the payment for illegal reasons from two aspects. We have discussed different typesand theories of the payment and illegal reasons. In the third chapter, we havecompared three different legal consequences to find out their advantages anddisadvantages. Throughout the theories and analyses, our main is to find an optimalsolution to resolve the problems of the payment for illegal reasons. From the forthchapter, we have regulated the payment for illegal reasons by the effectiveness of behavior and contract according the Civil Law and Contract Law of our country. Butthere’re still many problems in judicial practice. So we would give some reasonablelegislative suggestions to the payment for illegal reasons to make up the shortagesfrom legislation and judicial practice.