不当得利返还范围初探
On the Scope of Restitution of Unjust Enrichment

在规定不当得利的问题上，《民法典》根据受益人主观状态的不同，指出不当得利的返还范围应当不同，这是《民法典》较之《民法通则》迈出的重要一步。然而，《民法典》仍未明确规定不当得利者应承担的具体返还责任和范围。不当得利作为债的发生原因之一，在现实生活中极为常见，研究不当得利不仅有着理论意义也有着重要的现实意义。本文旨在通过对财产变动秩序的价值判断，以及对整个私法中的调解机制深入的认识，明确不当得利的具体返还范围，保护善意相对人的利益，保护利益受损者的损失，防止不法行为人因他人的损失而受益，从而维护法律的公信。
On the issue of providing for unjustified enrichment, the “Civil Code” points out that the scope of return of unjustified enrichment should be different according to the different subjective states of the beneficiaries, which is an important step forward of the “Civil Code” compared with the “General Principles of the Civil Law”. However, the “Civil Code” still does not clearly stipulate the specific responsibility and scope of the return to be borne by those who have been unjustly enriched. Unjust enrichment as one of the causes of debt, extremely common in real life, the study of unjust enrichment not only has theoretical significance but also has important practical significance. The purpose of this paper is to clarify the specific scope of the return of unjustified enrichment through the value judgment of the order of change of property, as well as in-depth understanding of the mediation mechanism in the whole of private law, to protect the interests of bona fide counterparts, to protect the interests of those who have suffered a loss, to prevent the wrongdoer from benefiting from the loss of others, so as to safeguard the public trust of the law.