On The System Of The Lost Property

The legal system of picking up lost properties is a long and basic civil law system, our country had regulated at the beginning of the general rules of civil law, and it was perfected in the property law. With the development of economy and interpersonal communications, losing properties and picking up properties is a common phenomenon, complex legal problems are hided behind this seemly simple phenomenon. But because China has a well fame of "Etiquette Nation", and the influence of traditional morality such as "return properties found", legislator haven’t passed laws which are conformed to actual situations in our country. It eventually leads to the generation of weird phenomenon, such as "can’t find the lost things" and "unwilling to return properties found". It discounts the fundamental principle of property law that making the best use of everything.In term of judicial practice status over several years, the deficiency of legal system about finding lost properties in our country is obvious, more and more disputes on the practice are produced, all such require us to change the current situation. This article conducts the compare between Chinese and foreign institution, using the value analysis, comparative analysis, literature research and so on. The existing laws and regulations are the chief source, bases on external advanced legislation basis, with Chinese unique legal resource, aims at related rights and obligations of finder, proposes the perfect plans about finding lost properties which accord with the actual situation in our country, so as to do our bit for improving the legal system of finding lost properties.This paper mainly includes the following contents:The first part is the basic theory of finding lost properties. This part elaborates the basic intention of lost property and finding lost properties, introduces the historical legislation origins of finding lost properties in ancient China and western countries on the basis of reference material.The second part analyses relevant regulation about finding lost properties in Taiwan and overseas. This part mainly introduces relevant regulation about finding lost properties in common law and civil law, such as the United States, Britain, Germany, Japan, Switzerland and Taiwan, and then analyzes and sums up the provisions of these countries, in order to provide the powerful support for the reconstruction of legislation of finding lost properties in our country.The third part gives a general look on legislative status and existing defects in our country. This part analyzes the current law, combines the case of Liang Li,by means of linking theory with practice, reaches a conclusion that the current legislation of our state exist shortness in this regime.The fourth part offers a proposal to perfect the legislation of finding lost properties in our country. This part unifies the actual situation in our country on the basis of the second and the third parts, by means of analysis and contrast, puts forward a proposal for the reconstruction of legislation of finding lost properties in our country in the area of endowing reward request right for picker and allowing conditional obtainment of the ownership of unclaimed lost property and so on.