On The Unjust Enrichment Of Administrative Law

The Unjust Enrichment of Administrative Law originated from the civil law.When there is no legal reasons for transfer of property in administrative law,it will lead to the benefit of one party,the other party is damaged,the beneficiary by interests are called On the Unjust Enrichment of Administrative Law.At this time,the damaged party shall have the right to request the return of unjust enrichment benefit.Because the occurrence position of both the unjust enrichmentrelationship is different,so the improper administrative law on the right to request the return of unjust enrichment in the realization of the path are different.The right to request the person and the right to request object as the division standard,which can be divided into specific administrative relative person a request to the administrative subject of restitution of unjust enrichment,the administrative subject to administrative relative personrequest return of unjust enrichment and between the administrative subject of restitution of unjust enrichment.Uses the theory of practice of the Federal Republic of Germany and Taiwan of China,the administrative relative person of the administrativemain body the right to request the return of the realization of the need tois divided into three steps.The first is the parties for mediation;if the mediation is unsuccessful after the relative person can bring an administrative reconsideration organ at a higher level to make the original administrative organs;on the administrative reconsideration of discontent can then bring an administrative lawsuit to the people’s court.When the administrative subject to administrative relative person when the request of unjust enrichment,only in the presence of laws and regulations have special power relationship or effective administrative behavior between explicit provisions,the administrative main body and the relative person is revoked,the relative person obtains the unjust enrichment in these three kinds of situations,The administrative subject to relative people to return the unjust enrichment in the direct means of administrative orders requirements.The remaining cases are needed to carry out the administrative litigation.Although our country in practice do not allow the administrative subject as the plaintiff requests to the relative people to return the unjust enrichment,but the establishment of the "official told the people" of the litigation system is be of great advantage.As for the administrative main body between the unjust enrichment claimto achieve,to make the distinction between hierarchical relationship of administrative subject.If the two sides are on the same level,then let the common higher authority of both sides to resolve the dispute;if there is a hierarchy between the two,then let the higher to make the decision.