Study on Payment System for Illegal Reasons from the Perspective of Comparative Law

DOI: https://doi.org/10.62517/jel.202514318

Author(s)

Li Mengnan

Affiliation(s)

Henan University of Science and Technology, Luoyang, Henan, China

Abstract

The treatment of the issue of payment for illegal reasons reflects the difference of their standards for the identification of illegal acts: China's legal system attaches importance to the integrity of the article, the Anglo-American legal system attaches importance to the fairness of the case, and the mixed legal system deals with the compromise. In our country's current laws, there are some problems such as the ambiguous expression of clauses, the public order and the good custom interpretation of morality, which can easily lead to the different judgment of class cases. It is suggested to implement the hierarchical treatment of illegal causes to avoid the abuse of the principle, and establish a flexible proportional return mechanism to balance legal deterrence and case fairness. The development of digital payment needs to cope with new challenges such as cryptocurrencies and smart contracts, and the management rules of blockchain technology characteristics should be studied to build a whole-process management system from risk prevention to dispute resolution.

Keywords

Comparative Perspective; Unlawful Cause of Performance; Proportionate Sharing Rule; Ethical Constraint and Substantive Fairness; Public-Private Law Collaborative Governance

References

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