不当得利作为一种重要的制度,在利益的认定方面仍有很多争议。关于利益之范围,不仅应当包括所获得的财产利益,亦应包括精神利益。对于是否得利之判断,可以借鉴英美法系的客观标准和主观标准的学说。故对“利益”另辟蹊径进行研究,以此来促进该项制度的不断发展和完善。 As an important system of unjust enrichment, there are still many controversies regarding the determination of benefits. The scope of interest should include not only the property benefits obtained, but also the spiritual interests. Judging whether it is profitable or not, we can draw lessons from the objective and subjective standards of common law jurisprudence. Therefore, it is another way to study “interest ” in order to promote the continuous development and improvement of this system.