Is it a civil case for the insured to ask the medical insurance institution to return the medical insurance fee by unjust enrichment?

The employer has registered social insurance for the employee, but the employee requires the employer to pay the social insurance premium due to the employer's breach of contract or refusal to pay, or the employee has disputes over the payment base and payment period, which should be resolved by the social insurance management department. It belongs to the management and managed relationship between the social insurance collection agency and the payment obligation subject, belongs to the administrative management category, and does not belong to the scope of the people's court.

There are four elements that constitute unjust enrichment: one party gains, the other party suffers, there is a causal relationship between damage and profit, and there is no legal basis for profit; The benefits obtained by one party include that the property is increasing (it should not have increased) and the property is increasing negatively (it should have decreased but not decreased); The damage of the counterpart refers to the positive decrease (positive loss, direct loss) or negative decrease (negative loss, indirect loss, that is, loss of interest) of the existing property or interests of the counterpart due to some factual result.