我国不当得利的现有规定存在过于简略或失之允当的问题,以德国不当得利法发展的经验教训为借鉴,应当区分自愿受损类和非自愿受损类不当得利解构统一的不当得利规范,以期取得妥当稳定的规范效果。为此,在未来民法典制定中,应对我国现有规范做加减法和拆分非同类项的处理,以给付(支付费用)目的落空及权益归属受侵为两大支点重新建构不当得利的规范体系。 The existing provisions of unjust enrichment in our country have problems that are too simple or not acceptable. Based on the lessons learned from the development of the Unfavorable Profit Act in Germany, we should make a distinction between the unjust enrichment of unjust enrichment of involuntary damage and involuntary damage Profitability norms, with a view to obtain a proper and stable standardization effect. Therefore, in the formulation of the future civil code, we should deal with the addition and subtraction and the disassembly of non-like items in our country’s existing norms, with the aim of paying (paying expenses) The standard system.