Study On Compensation Claims Of Lost Property Pickers

Reward request right of picking up the lost article refers to the person who picks up the thing enjoys the reward request right when he or she returns the lost article to the owner. In ancient China and in foreign countries almost defined the object of compensation claim, however, in our country’s current law only provides pickers enjoy the right to request the necessary fee and just reward for some compensation claims in ads. In my opinion, the absence of legislation on the reward request right of picking up the lost things led the low rate of returning lost property. The article mainly argues compensation claim from the following three parts.The first part introduces the basic case.This part mainly introduces "the picker request the compensation case", and the claims of the two parties, contents of the judgment of the court, summarized the dispute of law focus in the case on the basis, that the person has the right to request compensation or not, how to determine the amount of the compensation requested, how to claim the compensation request.The second part mainly expound the present situation of lost property legislation about the General Civil Law and Property Law in our country. And then points out the existing problems to the rights and obligations of the pickers on the legislation in our country. Such as the rights and obligations are unbalanced, the absence of legislation on the reward request right, and follows the international legislation trend of lost property compensation claims of the picker.The third part is the key part of this thesis. According to the legislation of foreign countries, Proposed the necessity and practicability to establish the legislation on the lost property compensation claims of the picker. And then, Analyzed the premise condition of the picker to ask for the Compensation claims, take example by the provisions of the amount of foreign legislation regulations of the picker. Combining with the situation of our country, Put forward to determine the lost property compensation standards of the finder in our country,and give some suggestions.Endow the finder lien when the loster refuse to give the compensation, when the picker could not find the loster,the saving authority may give payment to the picker firstly. The picker could choose one under the condition of competition of the the legal fee and reward remuneration, Finally, this paper expound the right of claim remuneration restrictions and give up.