Study On Legal System Of Picking Up Lost Property

With the legislation of real right, people pay much attention to protection of real right. This article studies on the system of picking up lost property, which is an important way of obtaining ownership in traditional civil law. Under the background of changes of value brought by market economy, there are intense conflicts between the realization of moral ideal and demands of realistic interests in the process of legislation. Although the system of picking up lost property is only a small issue in the legislation of real right, it relates with people's daily life very closely. There are various ideas about how to stipulate this system in academic and social fields. In this article, the author gives his idea about the legislation to do some contribution to perfecting the system of picking up lost property.The article, which is divided into three chapters, analyzes the legislative way of the system of picking up lost property in China by studying on the legislation status, social background and economic rootstock about lost property in different periods of all over the world.The first chapter not only expounds the object, main body and characters of lost property, but also compares all kinds of standpoints, and points out their advantages and disadvantages. In this way, the author makes the scope of application of this system become clearly. Lost property is moveable property, which nobody occupies but somebody owns. The legal relationship of picking up lost property refers to the rights and obligations between pickers, losers and managers of lost things, which are produced by the conduct of picking up. We should reconstruct an uniform administration to manage lost property all over the country, and every regional police and police station is a principal part of this administration, which provides informational channel about losing, picking up and returning property. The main function of the administration is to register interrelated information, keep lost property handed in, bulletin the valuable or meaningful pickup, return the pickup and inform losers or owners of pickers'information. Picking up lost property is a kind of factual conduct, and it is composed of find and occupancy, of which occupancy is more important than find.