合同解除后,当事人应相互返还依据合同取得的财产。该规则看似简单,但由于社会经济生活的复杂多样,在司法实务中引起不少理解和法律适用上的混乱。本文将结合审判实务中的部分案例澄清财产返还责任之性质,并在此基础上对财产返还的形态、标准作出界定,同时对财产返还责任与违约责任、侵权责任、不当得利等责任予以区分辨析,以期为审判实务提供一定之参考。 After the contract is lifted, the parties shall return the property acquired under the contract to each other. The rule seems simple, but due to the complex and diverse social and economic life, it has caused a lot of misunderstandings and legal confusion in judicial practice. This article will clarify the nature of the liability of property return based on some cases in trial practice, and on the basis of this, define the form and standard of return of property, at the same time, separate the responsibility of property return liability from breach of contract liability, tort liability and unjust enrichment Discrimination, in order to provide some reference for the trial practice.