Study On The System Of Picking Up Lost Property

Lost property is the personal property whose certain possessor lost his possession. People occasionally lose personal property in life. Therefore, the civil disputes caused by lost property often happen. So the relation of lost property is closely related with our daily life. How to regulate and coordinate the legal relationship of lost property is a problem that has the realistic meaning.The rules of lost property are made in detail in most countries. Before the introduction of "The Property Law", the legal regulation of lost property is mainly made in "the General Civil Rules of the People’s Republic of China" article seventy-nine clause2. Judicial interpretation of the lost property is "the several opinions of Supreme People’s Court implement the General Civil Rules of the People’s Republic of China" article ninety-four. These rules play a role for regulating and coordinating the legal relationship of lost property. There are some defects. The introduction of "The Property Law" perfects the relation of lost property to a certain extent. And it provides legal basis for solving related civil disputes. However, throughout the world, our country’s the rules of the lost property have some defects. For example, the rules about the picker’s obligation are more than rules about the picker’s right; Not entitle a picker the right of claim for reward and the right to get the ownership of lost property when some conditions are provided;"The Property Law" only entitle a picker the right of claim for his necessary expenses, but not provide any relief measures about this right; When no one claim the lost property,"The Property Law" regulate that the country gets the ownership of the lost property. And this rule can not get the effects to turn property to good use.For these problems, firstly, my paper analyses the concepts and requirements of lost property, and looks into the distinct between these law firms and other similar law firms. Furthermore, it researches the basic theory of lost property. Secondly, my paper researches on the history of lost property and other countries’related rules. At last, it points out the defects of our country’s relation of lost property, and I try to put forward my views about the relation of lost property.