Unjust enrichment means that others suffer losses and gain their own benefits without legal basis. There are four elements of unjust enrichment: one party gains benefits; The other party suffers losses; There is a causal relationship between gains and losses; There is no legal basis.

negotiorum gestio

Negotiorum gestio refers to the act of voluntarily managing other people's affairs or providing services to others in order to avoid the damage to others' interests without legal or agreed obligations. There are three elements of negotiorum gestio, that is, managing affairs for others, having the intention of seeking benefits for others, and having no legal obligation.

(3) Offer and acceptance

An offer refers to the expression of intention expressed by one party to the other party in order to conclude a contract. The person who makes an offer is called the offeror, and the person who accepts the offer is called the offeree or the other party.

Acceptance means that the offeree agrees to accept the offer with the intention of concluding a contract. The legal effect of acceptance is that once it is accepted and delivered to the offeror, the contract is established.

(4) Acquisition in good faith

Acquisition in good faith means that the transferee obtains possession of the property in good faith for the purpose of transferring the ownership of the property. Even if the transferor has no right to transfer the ownership, the transferee still obtains its ownership. Acquisition in good faith applies to both movable property and immovable property. The transferee in bona fide acquisition needs to be in good faith, and it does not constitute bona fide acquisition without knowing that the transferor has no right to dispose of the person. The purpose of gaining credibility based on bona fide possession is to maintain transaction security.

(5) Types of administrative punishment

The types of administrative punishment include: warning; Fines; Confiscation of illegal income and property; Ordered to stop production and business; Suspend or revoke the license, suspend or revoke the license; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations.

(six) the administrative reconsideration organ

If the applicant refuses to accept the specific administrative act of the working department of the local people's government at or above the county level, he may choose to apply for administrative reconsideration to the people's government at the corresponding level or the competent department at the next higher level.

If they are dissatisfied with the specific administrative acts of the administrative organs or state security organs that implement vertical leadership, such as customs, finance, national tax and foreign exchange management, they shall apply to the competent department at the next higher level for administrative reconsideration.

Those who are dissatisfied with the specific administrative acts of local people's governments at all levels shall apply to the local people's government at the next higher level for administrative reconsideration.

If a local people's government at the county level refuses to accept a specific administrative act and belongs to an agency established by the people's government of a province or autonomous region according to law, it shall apply for administrative reconsideration to the agency.

If he refuses to accept the specific administrative act of the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government, he shall apply for administrative reconsideration to the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government that made the specific administrative act. If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court; You can also apply to the State Council for an award, and the State Council will make a final award in accordance with the provisions of this Law.

(7) Self-defense and emergency avoidance

In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, it is justifiable defense to stop illegal infringement and cause damage to the illegal infringer.

Emergency avoidance refers to the act of damaging another smaller right in order to protect the larger right from damage when the right protected by law is in danger and cannot be avoided by other measures.

(viii) Chairman

President People's Republic of China (PRC) and Vice-President are elected by the National People's Congress.

Citizens of People's Republic of China (PRC) who have the right to vote and stand for election and have reached the age of 45 may be elected as Chairman and Vice Chairman of People's Republic of China (PRC).

The term of office of President People's Republic of China (PRC) and Vice-President is the same as that of the National People's Congress, and they may not serve for more than two consecutive terms.

(9) organs of self-government of ethnic autonomous areas

The organs of self-government of ethnic autonomous areas are the people's congresses and governments of autonomous regions, autonomous prefectures and autonomous counties.

The standing committees of the people's congresses of autonomous regions, autonomous prefectures and autonomous counties shall have citizens of ethnic groups exercising regional autonomy as directors or deputy directors.

(10) the organ liable for compensation

Where an administrative organ and its staff infringe upon the lawful rights and interests of citizens, legal persons and other organizations and cause damage, the administrative organ shall be the organ liable for compensation.

Where two or more administrative organs infringe upon the legitimate rights and interests of citizens, legal persons and other organizations when exercising their administrative functions and powers, the administrative organs with administrative functions and powers shall be the same organ liable for compensation.

Where an organization authorized by laws and regulations infringes upon the legitimate rights and interests of citizens, legal persons and other organizations when exercising the granted administrative power, the authorized organization shall be the organ liable for compensation.

Where an organization or individual entrusted by an administrative organ infringes upon the legitimate rights and interests of citizens, legal persons and other organizations and causes damage when exercising the entrusted administrative power, the entrusted administrative organ shall be the organ liable for compensation.

If the organ liable for compensation is revoked, the administrative organ that continues to exercise its functions and powers shall be the organ liable for compensation; If there is no administrative organ that continues to exercise its functions and powers, the administrative organ that cancels the organ liable for compensation shall be the organ liable for compensation.

After reconsideration by the reconsideration organ, the administrative organ that initially caused the infringement is the organ liable for compensation, but if the reconsideration decision of the reconsideration organ aggravates the damage, the reconsideration organ shall perform the obligation for compensation for the aggravated part.

(eleven) the way of compensation

The main way of state compensation is to pay compensation.

Property that can be returned or restored to its original state shall be returned or restored to its original state.

If mental damage is caused, it shall eliminate the influence, restore reputation and apologize for the victim within the scope of infringement; If serious consequences are caused, the corresponding mental damages shall be paid.

(12) Withdrawal of civil servants

Civil servants with husband and wife relationship, lineal consanguinity relationship, collateral consanguinity relationship within three generations, and close in-laws relationship shall not serve in the same organ where both parties are directly subordinate to the same leader or have direct superior-subordinate leadership relationship, nor shall they engage in organization, personnel, discipline inspection, supervision, auditing and financial work in the organ where one of them holds leadership positions.

Due to the special nature of the region or work, it is necessary to flexibly implement post avoidance, which shall be stipulated by the competent department of civil servants at or above the provincial level.

Civil servants who hold major leadership positions in township-level organs, county-level organs and their relevant departments shall be subject to geographical withdrawal, unless otherwise provided by law.

(13) Punishment

Punishment is divided into: warning, demerit recording, gross demerit recording, demotion, dismissal and dismissal.

Civil servants shall not be promoted to positions and ranks during the period of punishment, and shall not be promoted to salary grade if they are punished by demerit, gross demerit, demotion or dismissal.

The penalty period is: warning, six months; Remember for twelve months; Remember the big mistake, eighteen months; Demotion and dismissal, 24 months.

Those who have been removed from their posts shall be demoted in accordance with regulations.

If the punishment other than the dismissal of civil servants shows repentance during the punishment period and there is no further violation of discipline, the punishment decision organ will lift the punishment after the expiration of the punishment period and notify me in writing.

After the punishment is lifted, the promoted salary grade, rank and position will no longer be affected by the original punishment. However, if the demotion or dismissal is lifted, it shall not be regarded as restoring the original rank or post.

(14) Inheritance

Inheritance is in the following order: the first order: spouse, children, parents. The second order: brothers and sisters, grandparents, grandparents. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, it is inherited by the successor in the second order.

Widowed daughter-in-law and widowed son-in-law who have fulfilled their main support obligations are the first heirs. If the decedent's children died before the decedent, subrogation inheritance shall be the direct blood relative of the decedent's children. Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that their father or mother has the right to inherit.

(15) marital property

The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) Income from intellectual property rights; (4) Property acquired by inheritance or gift, except as provided for in Item 3 of Article 18 of this Law; (five) other property owned by * *. Husband and wife have equal rights to dispose of all property.

In any of the following circumstances, it is the property of one of the spouses: (1) the pre-marital property of one of the spouses; (two) medical expenses, disability living allowance and other expenses obtained by one of the spouses due to physical injury; (3) Property designated exclusively for the husband or wife in the will or gift contract; (four) the daily necessities of one of the spouses; (five) other property that should belong to one of the spouses.

If the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to the provisions of Item (3) of Article 18 of the Marriage Law, and the property should be recognized as the personal property of one spouse.

If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

Basic knowledge of law (II) 1: Constitution

Constitution is the fundamental law of a country, and it is the product of the comprehensive effect of specific social, political, economic and ideological and cultural conditions. It reflects the actual comparative relationship of various political forces, confirms the victory of the revolution and the achievements of realistic democratic politics, and stipulates the fundamental tasks and systems of the country, namely, the social system, the principles of the state system, the organization of state power and the basic rights and obligations of citizens.

As a college student, the first thing you need to know is the constitution, the fundamental system and tasks of the country, and the basic rights and obligations of citizens.

II: Criminal Law of People's Republic of China (PRC)

Criminal law is a law that stipulates crime, criminal responsibility and punishment. In order to safeguard its political rule and economic interests, the ruling class stipulates what acts are crimes and what criminal responsibilities should be borne according to its own will, and what criminal penalties should be given to criminals.

As a college student, it is very necessary to understand criminal law. Once you violate the criminal law, you will be severely punished.

Three. Regulations of the People's Republic of China on Administrative Penalties for Public Security

In order to strengthen public security management, maintain social order and public safety, protect citizens' legitimate rights and interests, and ensure the smooth progress of socialist construction, the Regulations of the People's Republic of China on Administrative Penalties for Public Security is formulated. Those who violate the regulations on public security will be punished. College students should understand this rule.