Lost Property Legal System,

With the rapid development of social economy, it also will accelerate the pace of life, mobility, compared with the past, very active, so life in the case of people missing items have occurred, the consumption level, more often missing quite expensive items, such as laptop computers, high-grade communications equipment. Followed was caused by the laws of Lost Property disputes are increasing. How to properly resolve and deal with the behavior of Lost Things conflict of interest between the principal parties to be placed in front of legislators and the law applicable is an important issue. For lost property law, China's ancient times, the world has a more detailed arrangements. "Property Law" before the introduction of the system on the main provisions of Lost Property is in the "General Principles of Civil Law".Relevant judicial interpretations of "Supreme Court on the implementation of General Principles of Civil Law for Trial Implementation Opinions on Some Issues" Article 94. These provisions for the coordination and processing of legal relations Lost Property played a role, but there are serious flaws. For example, pay no Keepers claim and the right to obtain under certain conditions to provide for the ownership of lost property, another important aspect is the "Civil Law" and "the people through opinion" only involves the loss of people and Lost to adjust the legal relationship between , that is only concerned with people's ownership of lost static security. Of lost property occupied by the transaction is the third case, there is no real right to be clearly defined ownership, on the third transaction security protection is extremely unfavorable. "Property Law" The introduction of improved system of Lost Things and Lost by 107 pairs were made in good faith of the provisions of the system, which indicates that the system of property law norms about the idea of lost property rationalize trading transaction security and the third person both the safety of people's ownership of the loss of attention, however, it is also not perfect, still not wholly satisfactory, first of all, "Property Law" is still followed the "Civil Law" requirement, does not give Keepers and the specific conditions of compensation claim obtained under the ownership of lost property, only to find reward in missing person case of lost property, missing persons picking up the right to request personnel to fulfill our commitments, requests to pay promised returns. Secondly, although the "Property Law" provides for the Innocent Lost, but the semantic interpretation of Article 107 is unknown, leading to lost property through the transaction is the third case of possession of property ownership is not clear. Again, "Property Law" on specific issues, how that the lost property, lost property turned over to Lost and other issues of how a lack of detailed provisions.Defects in the analysis of the above, based on the advanced experience of other countries, legislation on how to improve the legal system of Lost Property, clear property transactions in the ownership of lost property made a number of measures, specifically including the following aspects: First, legislation to update the traditional philosophy, the field of property law principles of equity and to distinguish between public and private law principles of legislation to give private rights to obtain the main conditions attached to the ownership of lost property. Second, follow the modern civil law concept of transaction security protection and improve the lost property of the Innocent. Third, we must improve the specific system of Lost Things, on the one hand to learn from other national legislation, regulations Keepers conditional payment claim and the right to obtain ownership of lost property; the other hand, the "Property Law" Section 107 of the specification defects, Lost of Good sound system.