On the Legal Approach to Administrative Subjects Advocating for the Return of Unjust Enrichment in Administrative Law
There are significant differences between the right to request the return of unjust enrichment in public law and the right to request the return of unjust enrichment in civil law.Additionally,there are differences in the right to request administrative compensation,the right to request the removal of results,and the right to request the unconditional management of public law,each of which has independent intrinsic value and cannot be replaced.From the perspective of typology,there has been ongoing controversy over how administrative entities advocate for the return of unjust enrichment to the administrative counterpart.Most of the existing legal approaches are replicas of extraterritorial legislation and theory,which have a significant gap with China's legislative and theoretical practice,and are worth discussing.The administrative authority directly requests a return through administrative sanctions,which is suspected of violating the principle of administrative legality.Requesting the return in the form of general payment litigation in administrative litigation does not conform to the value concept and litigation structure of administrative litigation.There is an insurmountable gap between requesting return through reverse administrative litigation and the current litigation system mechanism.In view of this,requesting return through filing a civil lawsuit may become a beneficial attempt to solve the current litigation dilemma.It not only aligns with the essence of administrative litigation and civil litigation,but also conforms to the development trend of public-private integration and the judicial position of judicial practice,and can achieve a localization approach that is different from the traditional approach.
unjust enrichment in administrative lawadministrative subjectadministrative sanctionadministrative litigationcivil litigation
万方数据
维普
