Study On The System Of Picking Up Lost Property

The lost property picking up system is closely bound up with the people’s daily life. With thecontinuous development of market economy and the property transfer being increasingly frequent, thephenomenon that people lose personal property or pick up items happens from time to time in our livesand in fact, such a common phenomenon hides numerous legal issues. Hence, handling and coordinatingof the lost property picking up legal relationship are of considerable realistic significance, as well. Onthe basis of extensive reading of relevant literature information, combining our country’s social status,using the progressive legislative experience of foreign countries for reference and aiming at the existingdeficiencies and flaws of our country’s lost property picking up system, the thesis applies the literatureresearch method, experimental summary method, comparative analysis method and exploratory analysisto put forward complete proposals which conform with our country’s actual situation of lost propertypicking up system.The body of the thesis is divided into four parts:The first part---the general theory of lost property picking up system. This part first elaborates thefundamental connotation of lost property in detail, makes comparisons for its concepts such as mislaidproperty, dereliction, hidden property.etc; it analyses the key components of “lost and found property”and “lost property”; it points out the value orientation of the lost property picking up system which ismainly embodied in protecting the holder of the lost the property, the rights of the finder of the property,and the transaction security of the third party.The second part---the comparisons and enlightenments of the lost property picking up systems offoreign countries. This part does comparative analyses for the lost property picking up systems of thecountries such as Germany, France, Japan, England, America, and by making comparisons derives threeenlightenments, namely, balancing the rights and obligations of the finder, giving the finder the rights torequest compensation claims and the bona fide acquisition should conditionally be applied to the lostproperty to provide strong supports for the following demonstrations of the optimization of ourcountry’s lost property picking up system.The third part---the main problems existing in our country’s lost property picking up system. Aftersimply combing the relevant regulations regarding our country’s lost property current law our country’slost property picking up system, this part analyses the existing problems, pointing out that the lostproperty picking up system of our country raises exorbitant claims for the moral standards of the finder,has a tendency to moralize legislation and does not coordinate with the development trend of the worldcivil law; it severely unbalances the configurations of the rights and obligations of the finder and theholder of lost property, goes against the fair principle of the civil law and does harm to the timelines ofcivil law; the current legal provisions have defects in the establishment of the civil law system, as well.The fourth part---some proposals to optimize our country’s lost property picking up system. On thebasis of part two and part three, combining our country’s actual situation, using the conduciveexperience of foreign countries for reference, this part puts forward optimizing the proposals of ourcountry’s lost property picking up system and finds that our country should establish the finder’s rightsto request compensation, legitimately allow the finder to obtain the proprietorship, establish andimprove the procedures of the lost property picking up, and make the best use of balancing the rights ofthe finder and holder of lost property.