On Unjustified Enrichments In Public Law

With the development of administrative private law theories, creditor in public law gradually enters into public research fields in the flood of public administrative reforms.In this circumstances, unjustified enrichments in public law that is a kind of administrative legal and restore justicial nature becomes more and more important. Unjustified enrichments in public law is a kind of regime in public law that provides a kind of redress way to the damaged party in the process of property alteration lacking of legal reasons. And the standard of public law,property alteration and lack of legal reasons are the standard of distinguishing unjustified enrichments in public law. The property in constitutional law,law-based administration in administrative law and equitable principle in property law are theoretical foundations in China.Accordng to differently standard, we may classify the unjustified enrichments in public law.But on the basis of traditional classification ----right of claim, the unjustified enrichments in public law may be classified opposite person to the administration claiming to administrative organ,administrative organ claiming to opposite person to the administration and one administrative organ claiming to others that can be discovered in Chinese public law.After resolving above-mentioned foundation problem, it is highlight that how to achieve his(other) restitution right to the damaged party will get discussion core, and it is necessary to inquiry extraterritorial theory and practice so that we can ponder and polish our theory and practice ,that also is one of discussion the legal effect of unjustified enrichments in public law preconditions. And it is worth to deliberately dicussing about the legal effect of unjustified enrichments in public law, for example litigant,restitution object,restitution duty of unjustified enrichments in public law.