Study On Finding Lost Properties

Lost properties are very common in normal lives because even homer sometimes nods. With the development of the society, the value and the number of lost properties are increasing rapidly. But in our country, lost properties are usually picked up without handing in. So it is urgent to regulate the behavior of the person who finds the object in order to encourage that person to hand in.With the change of the concept of regulating lost properties, our new system also turns out a different situation comparing with the ancient Chinese laws. We now regard the rights of the people to be the most important while the ancient legislators took the order of the politics as the principal. In the course of that variation in thinking, our laws change too. But our regulations are still different from that of the other countries. In China, the state obtains the ownership in case a lost-and-found object fails to be claimed within six months as of the date when the claiming announcement is published. What is more, the person who finds the object can not ask for the awards. My paper is aimed to prove that the system of lost and found objects in our legislation is needed to be modified by analyzing the basic definitions, tracing the history of our legislation and the foreign countries'and modeling the function of the system of lost properties in both domestic and foreign countries.My paper includes five parts.The first part is a brief. Five problems, which exist in our legislation of lost properties, are pointed out by comparing the statistics issued by related department in different counties. The existence of these problems is due to the uncompleted legal system.The second part is to analyze the basic definitions. Different scholars have different ideas of lost properties, the behavior of finding and the person who finds the object. After listing and categorizing the definitions, the paper will give a precise definition of lost properties. In the period of analyzing the constitution of a lost property, the paper distinguishes it from the other definitions related. The nature of the finding is defined as Negotiorum Gestio. Some special cases of the person who finds the object are made clear.The third part gives a general look on the change of the thoughts of lost properties in the world. The idea of Dazhi which means the order of the politics is uppermost exist in the ancient Chinese law. In modern Chinese laws, the system of lost properties is aimed to prevent the person who finds the object from concealing. The western laws also have a course of imitating from the Roman Law to the Germantic law.The fourth part looks at the system of lost properties in details. First, the Chinese modern laws are introduced. Second, four obligations of a person who finds the object are introduced and commented by comparing with the foreign laws.In the firth part, three rights of the person who finds the object are criticized after modeling the function of the rights to encourage the person who finds the object to hand in. Further more, a required foundation of a system to inspire the motions of the person who finds the object to hand in the lost things is pointed out. On the basis of those analysis, three rights are introduced and the advantages and the disadvantages are discussed.The final part is to conclude the article.