| 英文摘要 |
The unjust enrichment system in public law at the beginning of the establishment of the system used many concepts of unjust enrichment from the civil law as its connotation. Hence the roots of the two systems are closely related. However, as the legal basis and institutional connotation of the unjust enrichment in public law gradually become more mature and complete, there should be a reflective thinking about citing previous cases from the civil law as the unjust enrichment supplementary model. In the case of unjust enrichment in the public law of multi-person relations, questions such as how to determine the return obligation between the creditor, the beneficiary counterpart (i.e., the recipient of the first interest) and the third party (i.e., the recipient of the second interest), and how to determine the scope of return of the interests and its transfer particularly highlight the difficulties of dividing the unjust enrichment system between public law and civil law. Moreover, when constructing the rights and obligations of three-party legal relations of unjust enrichment in public law, it inevitably invites the question of whether or not it shall be traced back to the concept of unjust enrichment in civil law, or it shall alternatively explores the existing institutional mechanisms in public law. This article focuses on these issues and attempts to clarify the relationship between the rights and obligations of the three parties of the unjust enrichment in public law.
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