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Research Of Picking Up Lost Property

Posted on:2012-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:D X LuFull Text:PDF
GTID:2216330338969350Subject:Law
Abstract/Summary:PDF Full Text Request
In our usual daily life, the situation of losing and picking up lost property often happens. How to establish the ownership and usage of lost property is the core of the legal system. China's current law of lost property is very simple, ignoring the rights of finders, too inclined to protect the ownership of the original property, without paying attention to the real human nature, only emphasizing the traditional morality, divorcing from social practices, lacking maneuverability, which has far failed to meet China's current economic and social development. So we should improve our system of obtaining lost property's as soon as possible.With the methods of analysis, comparison and empirical research, this paper analyses various definitions of lost property given by the current theorists, points out the existing shortcomings and proposes to redefine the concept of lost property. It introduces the relevant legal provisions of the system of picking up lost property in ancient China and makes foreign advanced legislative experience as reference. Combining with the current law of lost property and current situation of economic and social development in China, adhering to the legislation spirit of "making the past serve the present and foreign things serve China", this paper puts forward toseveral measures to improve the system of picking up lost property, specifically including: the establishment reward request right of finders and the conditional ownership access and the establishment of a unified lost property management agency.
Keywords/Search Tags:Lost Property, Finders Reward, Request Right, Lost Property Management Agency
PDF Full Text Request
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