Lost Property System Of Legislation Is Perfect

March 16, 2007 The fifth Session of the Tenth National People's Congress adopted the "Property Law of the People's Republic of China" This is a guiding significance to fill a legal vacuum in many areas. Lost Property particularly in the relevant laws and regulations, a more practical and workable, China's socialist legal process has taken an important step forward. Based on the "General Principles of Civil Law" and "opinions" on the basisof focus on the enactment of the "People's Republic of China Property Law" Lost Property on the inadequate system of careful study, to further improve its analysis of the need to adopt specific proofAnalysis pointed out the problems and put forward sound advice.The first part of this paper introduces the basic study and practical significance. This paper introduces the purpose of the study, the scope of the study and methods.The second part of the international community by introducing the concept of the Lost Property different definitions, Some seholars in China to understand the meaning of the Lost Property, come to the Lost Property concept. Lost Property also constitute elements and the related concept of comparative analysis, and deepen the understanding of the Lost Property. Finders of lost from the legal relationship of the subject, object, behavioral three aspects: On this basis, Finders of lost right there has been a better understanding, so as to the nature of the Lost Property Keepers and legal significance to better grasp. At the Lost Property ownership issues through the Roman and Germanic different provisions of the Act contrast, My recommendations should be changed to a subsidiary of German law for access to ownership Marxism. It also cited ancient China on the return of the Lost Property, He cited the provisions of the Lost Property reality to reward success stories.PartⅢlists Germany, Japan, the United States and other countries and regions of the Lost Property, Based on these national legislation and judicial practice in the Lost Property ownership, return, Keepers rights, obligations and legal responsibilities of contrast, summed up all of the Lost Property system and the common difference. Through horizontal comparison, we can see the development of all the Lost Property laws are rooted in their national conditions and traditional practices but their common characteristic is that all provisions of the Lost Property Keepers right to seek compensation. Turning to the future "real" Lost Property on the revising and improving the provision of a reference.PartⅣof our first in the history of the Lost Property development process of longitudinal comparison. Second, our system of the Lost Property "General Principles of Civil Law," the provisions of the analysis, seriously into our system in the Lost Property of the legislative situation, identify the problems and the need for improvement. "Property Law" came into being do foreshadow; Finally, the imminent entry into force of the "Property Law of the People's Republic of China" system of the Lost Property, affirmed its provisions in the ownership of the Lost Property, the cost of the necessary request to reward advertising effectiveness, made goodwill related legal issues is of positive significance at the same time, there are specific provisions of the Lost Property decomposition, In its imperfections has made bold correction and analysis.PartⅤwas designed to "Property Law of the People's Republic of China" Lost Property regime shortcomings make perfect, As a result of its system in the Lost Property on only some of the provisions of the macro, For some of the specific issues also need the actual operation further refinement, and "Property Law" inherited "the General Principles of Civil Law" of the shortage, such as the attribution of the Lost Property, Keepers of the rights and legal liability issues have not been fundamentally resolved. In this paper, in this part of the "Property Law of the People's Republic of China" and the lack of unresolved problems, express their opinions and perfect direction in the hope that after the implementation of the Law on Real Right and Rule judicial interpretations benefits.