Study On The System Of Picking Up Lost Property

The system of picking up lost property is closely related to people's life. How to deal with the relations related with lost property, which is a subject of heated debate between scholars as well as a complex legal issue.There are differences between lost property and other related concepts and is no explicit legal provision concerning the concept of lost property, so scholars have many different views about it. Although the Property Law prescribes the system of lost property in detail, overcoming the previous system's shortages and defects, there still exist many aspects to be worth discussing and the Property Law is far from perfect. For instance, it avoids the remuneration right of the lost property picker, denying the picker's ownership of the lost property in case that no person claims it.To do away with bad practices in the lost property system, legislative measures shall be taken to balance the rights and duties of the lost property picker and property loser, ensuring the picker the right of remuneration and the ownership of the unclaimed lost property. This article begins from the basic concepts of the system of picking up lost property, by making the vertical and horizontal comparison between countries' systems of picking up lost property, and expounds the picker's rationality of the remuneration right and the ownership of the unclaimed lost property. At the end of the article, the writer puts forward his views on the reasonable construction of the system of picking up lost property in our country.