不当得利行为认定及赔偿探讨

Unlawful Profits and Its Compensation

不当得利是指在法律上没有根据而获得的利益，它实质上是使他人受损失而自己获得利益的不正当行为。必须依法确认敲诈勒索与不当得利的本质区别。不当得利人理应将其所得利益还给受损失的人，凡恶意“不当得利”的应予赔偿，非法占有他人或国家遗忘物的构成侵占罪。

The unlawful profits are the ones obtained by somebody without any proper reasons in law. Actually, they are obtained by damaging others' interest. We must know the essential differences between the unlawful profits and blackmail and extortion. Those who gain the unlawful profits should return them to the damaged persons or compensate for them. Those who possess others' or the country's forgotten materials illegally commit the crime of disseizin.