Study On The System Of Picking Up Lost Property

While people create wealth, it's hard to avoid losing their belongings. The possibility of loss has been obviously rising up and the lost property has become more and more valuable with the development of the society as well as the speedup of the person flow and material flow. In this case, it's necessary for our government to establish a reasonable and efficient system to regulate the relations among picking up lost property. It's common for those who picked up lost property to have the right to supervise the fact of the lost property basing on their action of picking up at abroad. On one hand, when the lost property was claimed by the owner of this property, the person who picked up the property could ask the owner to pay some necessary expense as well as offer a reward after fulfilling some obligations. On the other hand, if no one claims the lost property, the latter may gain the ownership for it. However, the correlated laws in our country and other socialist nations only lays down the rules of claiming necessary expense but nothing about the right of offering a reward. The article 79 of General provisions of Civil Law provides the right of claiming charges instead of the right of offering a reward. Besides, if no one claims the lost property, it should be taken back by the state according to some correlated rules of our country.　The practice of our government was reasonable under the rigid socialist plan economy. Now, however, the market economy system has been established in our country, by and large.　In this context, it's allowable for people to seek fortune and the relations between input and output because time is indeed the money. We even can declare that the moral standards as well as the value orientation of the community have taken great places according to the theory of Marxism that the economic base determines the superstructure. We, however, shouldn't adhere to the past commandment, and therefore we'll overlook the updating of the system.　As far as the existing regulation in our country concerned, it requires people not to care about the reward, which is hard to work in the market economy society. The civil subject of the market economy is no doubt a man of economy, therefore, if the person who picked up the lost property couldn't be endowed with the right of offering a reward so that his devotion can not be repaid. As a result,　people just would neither pick up anything (But some lost property would lose its value immediately without being picked up. For example, a lost computer would be bound to come to ruin after being drenched.) nor hand in but concealed it. In this way, the demands made on people are based on the strict moral standard but to get misunderstood, which can not protect the interests of both the owner and the person who picked up the lost property or balance their interests. Anyway, the fact that impractical demands became legal regulations is indeed against some related principles of Marxism. What's more, there're disadvantages of the action that nation gains all the rights concerning the lost property that nobody claim: first, influenced by the concept law, either the conception or the nature of state-owned is being questioned; second, the rule of turning over to the state goes against the operation in practice; third, turning over to the state is harmful for the realization of the value of the lost property; last, the economic base of turning over to the state has been new and the idea of personal rights paramount has rooted among people. This shows there exists some disadvantages in our system of losing property as follows. First, ethics could set many obligations to limit the community members while legal regulations shouldn't only ordain the obligations but endow them with no right. The system of picking up property in our country reflects the inequity of the rights and obligations between the person who picked up property and the owner aswell as the unbalance of the relationship between the rights and obligations of the person who picked up property. The inequity and unbalance certainly will lead to the fact that the laws will perform practically no function in the society life. Second, if the lost property was given back to the owner without any payment, it's equal to approbate that the owner would have no responsibility for the aftermath resulting from his carelessness, so the owner will misunderstand that he mustn't pay anything for his recklessness, which will make the regulations encourage people to behave with low efficiency. Last, the rule of taking back the lost property to the state goes against the use of the property and even lead to waste.　　In allusion to the disadvantages, we think the legislation on the losing property in our country should establish the right of offering a reward for the person who picked up property as well as the right of the ownership for the property if there's no claiming. This essay embodies the following parts: Part One: The Conception of Lost Property This part begins with the conception of goods, which sets forth the difference between the conception of owner goods and that of ownerless goods and makes clear that the lost property belongs to owner goods instead of ownerless goods, so it's not suitable for preemptive system. Then the part introduces several theories about the conception of lost property. At last, the part analyses and distinguishes some conceptions related to lost property. Part Two: The Formation of the Lost Property System It presents a few theories about the formation of lost property, basing on which we put forward our point of view about the formation of lost property. Part Three: The Study on the Meaning of Picking up Lost Property It explains what is picking up the lost property, differentiates and analyses the nature of picking up the lost property as well as introduces the situation about the legislation on picking up the lost property at abroad and the regulations at home. Part Four: Argumentation on the System of the Right of Offering a Reward of the Person Who Picked up the Lost Property Firstly, it looked back at the system of the lost property in our country and pointsout that it's hard to set provisions on the lost property along the history of our country, but the general trend is in common with that of the world except the time of establishment of the People's Republic of China who enacted General provisions of Civil Law to make a clear distinction with those provisions issued since Ming and Qing dynasty. Secondly, it analyses the rationality of the right of the person who picked up the lost property offering a reward and points out that the current legal provisions restrict every member of the community with the high standards but resulting in the law performs practically no function in the social life. Thirdly, it adopts the economic analysis and thinks man is of economy who pursues the utmost legal interests under the established restrictions. Therefore, the provision that provides the person who picked up the lost property with rights of claiming a reward could improve the efficiency and ensure the equity as well as spirit up him efficiently under the situation of unsymmetrical information. The owner pays some money for the return of property, so it's favorable for both the owner and the person who picked up the lost property, which is part of fairly deal. Lastly, it discusses the system of advertisements to offer a reward concerning the rights of claiming a reward pointing out that such advertisements are reasonable for the system of lost property .Besides, it thinks that the system of picking up lost property is provided resulting from the person who picked up it, while advertising to offer a reward is the unilateral legal action of the owner aiming at finding the lost property. Both should correspond with each other so as to make up the system of looking for lost property. Part Five: Reasoning of Relegation of Lost Property Without Claiming Firstly, it demonstrates the connotation, principles and significance of defining ownership. Secondly, in addition, it defines the ownership for the lost property no one claims and designs the system of picking up lost property, which adopts the　ownership　affirm　creedto affirm that the person who picked up the lost property gets the ownership in principle and takes the system of pre-appointment announcement and register as well as the time limit setup in procedure, which requires that the person who picked up the property must register it at some public organization to announce the finding of lost property openly and set the time periodaccording to the amount of the value of lost property. Lastly, it criticizes the legislation pattern of taking lost property back to the state. Here are the three main argumentations: a. to question the quality of state ownership from the view of concept law; b. the provision of taking back to the state is fuzzy and not helpful to practical operation; c. taking back to the state goes against the exertion of the value of property. On the basis of analysis and argumentation, it reviews the legislation of taking back to the state and points out that the obsolete legislation pattern should be reformed to apply the changes of environment as well as the development of times following the changes of legislation environment and the conception of law. Part Six: Construction of the System of Lost Property It constructs the legal effect ( the rights and obligations of the person who picked up lost property) and legal obligations.