Wrong Rights: On Chinese 'Improper Rights and Interests' (bu zhengdang quanyi 不正当权益)

‘Improper rights and interests’ (bu zhengdang quanyi) is a legal phrase that is not used in any statutory laws of China, but is sometimes used in court decisions. In Western countries and jurisdictions, there is no such thing as improper rights and interests, and even uneducated people tend not to use such a phrasing, which is intrinsically contradictory to Western knowledge. This essay uses textual analysis to study the legal and pragmatic meanings that the phrase has in judgements from the Chinese courts, discussing the alienability of the rights and interests involved, as well as their nature, and the reasons for their improperness. The essay reveals that the meaning of bu zhengdang quanyi is not settled yet and varies contextually. It mostly means unjust profit, but it is also used to indicate any kind of right or interest deriving from a false declaration, or any advantage obtained disregarding the laws in force, circumventing the regular procedures, or a proper standard of conduct. It may also mean rights one is illegitimately entitled to, a term which does not make sense in Western legal jurisdiction, but which does in China due to the etymological meanings of quan and yi attached to quanyi, today’s usage. Finally, a discussion on the possible translations of the phrase into English as well as the possibility for bu zhengdang quanyi to be recognised as a formal legal term is also offered.