Historical Inspection Of Our Lost Property Legal System

In our daily life, the phenomenon of people lose or pick lost property often happens. With the development of our economy, disputes of lost property becomes more and more. Indeed, it doesn't because we have related system, but our our system is unreasonable, it brings a few difficulties to our life and the current judicial practice.In the process of formulating the draft law on property rights, we argue that we should establish "the right of remuneration" or not. Supporters argue that it accord with social realities. However, opponents think "the right of remuneration" against our traditional virtues of "return money found", our current law also against the "the right of remuneration".Does "the right of remuneration" really contrary to our "traditional virtues"? Law of lost property began at Xizhou Dynasty, according to the historical records: finders in Xizhou Dynasty should return the lost property to the owner, and the owner must give money to the finder. If they violate their obligation, they will face penalties or lawsuits. From the war Dynasty to the South - North Dynasty, the rulers think "Dao bu shi yi" are their achievement, if you pick up the lost property, you will fave brutal corporal punishment. Finders have any rights. Law of lost property in Tang, Song and Yuan Dynasty was developing period. In this period, both contents and procedure in the law of lost property was very complete. Tang called lost property "Lan Yi Wu", Tang don't take the action of "pick up" as criminal action, however, according to the explanation of the word "Lan", we can see that legislators strongly induce people "Dao bu shi yi". Tang, Song and Yuan Dynasty set that finder must return lost property to the owner, and the owner don't pay any money to the owner. If the finder violate his obligation, he will face prison. In Ming and Qing Dynasty , law of lost property had great improment. First, we called "Lan Yi Wu" in Tang, Song and Yuan Dynasty, from Ming Dynasty, we called "lost property". Secondly, law continue ensure the owner of lost property ownership, in addition, law of lost property also give finder "the right of remuneration" and "the right to get the lost property when no one comes to claim it". This is an important progress in legislation, it gives a balance between the rights and obligations of both parties. Lost property since the end of the Qing Dynasty in the legislature is in constant evolution. In the end of Qing Dynasty and ROC, legislation studied the experience of other countries, so the legislation became more and more perfect. But the current "General Principles of Civil Law" become simple and unreasonable.Taking a few thousand of the lost property, we can see people misunderstand the vcabulary "return money found" and "pick up free", "return money found" only means you should return lost property to the owner, it does't have the meaning that "i could not get reward from the ower". "Return money found" in the several thousand years of lost property legislation as a statutory obligation is to be provided. So we must not take "legal obligation" as "traditional virtues", in addition, Xizhou and Chunqiu Dynasty, from Ming Dynasty to ROC, finders always enjoyed "the right of remuneration" and "the right to get the lost property when no one comes to claim it". Therefore, "pick up free" is not a "traditional virtues".This thesis is divided into six parts. Part one is the conceptions of lost property, part two, three, four and five introduce our lost property system over the past several thousand years. Last part is a summary of the feature of lost property system over the past several thousand years.