On The Unjust Enrichment Of Public Law

With the continuous expansion of the state administrative functions and public power, traditional administration continues changing to be a wide range of service administrative, payment of administrative and other new types of administrative. This results that relying solely on traditional administrative law has been unable to resolve a series of questions properly and satisfactorily. For example, in the field of administrative remedies, when the based reasons of administrative remedy are recognized invalid in accordance with the law, Whether the relief amount be able to be recovered and how to be recovered. Along with the deepening of democratic administration process, continuing development of Administrative rule of law, As like in the field of administrative remedies will encounter new legal issues, such as taxes, salaries of civil servants, pensions, administrative compensation in field of public law, also will encounter the legitimacy problem of property circulation. In order to solve the new issues in the field of public law better, The Unjust enrichment system of Public law which is closely related to Unjust Enrichment of Civil Law came into being. For solving the dispute of the ownership of property between the administrative subject and the administrative counterpart, and between administrative subjects in the field of public law,dealing with the impropering circulation of property of no legal reasons existing in the field of public law, recovering and safeguarding the legitimate interests of the property which had been damaged, promoting the continuous progress of the country under the rule of law, the Unjust enrichment system of Public Law plays an important role. For solving the property disputes, adjusting the property relations, building a government under the rule of law and stabilizing society, etc, the establishment of the Unjust enrichment system of Public law has many positive significance. In China, the period of the study of the Unjust Enrichment in the area of Civil Law is longer, and has a rich theoretical and empirical results already. However, for the Unjust Lnrichment of the Public Law, not only it has no formal legal provisions in legislation, but also in theoretical studies is nearly blank. Although the shadow of the Unjust Enrichment of Public law is involved in a number of laws, such as China’s tax law and licensing law,the true sense of the Unjust Enrichment of Public law of has not been specified.By reference to and learning from Germany and Taiwan the theory and judicial practice experience of the Unjust Enrichment of Public Law, combined with China’s actual situation, this disertation will make a brief introduction of the Unjust enrichment of Public law from several aspects, such as the concept and content, the main types, legal basis, the relationship between the protection of the trust interests and the protection the Unjust Enrichment of Public Law,the implementation mechanism of the return claim of the Unjust enrichment of Public law, and aging, expecting the system to get growth and continuous developing in the field of administrative law in China. Among them, the Unjust Enrichment system of Public Law, as a main content and core elements of the Unjust Enrichment claim for restitution in the system, it is the theme of the discusses of this paper. In the paper, according to the difference of the subject of the Unjust enrichment, the subject of the claim of the restitution of the Unjust Enrichment divided into two:one is the administrative subject, one is the administrative counterpart. Because the difference of the subject who enjoys and exercises the claim for restitution, so for problem of the claim about exercising and running, according to the existing legal provisions and the legal status of the different subjects, the paper makes different arrangements and provisions respectively. As an important part of the claim of the restitution of Unjust Enrichment of Public Law, the aging is a subject of the legal that limits the claim, it has some positive significance for exercising the claim for restitution of the Unjust Enrichment timely and accurately, balancing interests of the subject in the legal relationship, this paper also makes a brief introduction.