On The Improvement Of China’s Lost Property System

Lost Property means movable property rights, chattel lost due to objectivereasons or non-subjective will, so that the rights of people to lose possession of thething. Finders of lost property system is not only related to the relationship betweenlaw and morality, fairness and efficiency, while related to property rights claimsReward advertising and compensation claims, owned by the state and NaturalizationFinders multiple relationships. How to deal with the lost property system of their ownproblems, and the harmonious coexistence between other legal systems, have researchvalue.Lost Property ownership attribution and related issues involved as early as inRoman law. Most of the current foreign legislation specifies Finders enjoy the right toreward the right to request and expense request made by Finders Lost Propertyownership, and in the case of unclaimed. China’s "Property Law" About the LostProperty-related issues, not provided for the Lost Property remuneration right, I thinkthis is a major shortcoming. For the first time, the law provides for the cost of the LostProperty claims, this is the great progress of China’s Lost Property system. LostProperty System in China’s legislation, there are still legislative purpose and thecontradiction between the social and moral. Only recognized in the legislation theKeepers’ compensation claims, as well as attached conditions to obtain the lostproperty ownership, consistent with the current trend of the world, is conducive to theprotection of property rights, and conducive to carry forward the spirit of the CivilLaw of Private Law.In this paper, the first part of the lost property system summarized elaborated. Thefirst inquiry is the composition of the Lost Property The composition derived LostProperty: real estate, the main material, unoccupied, non-missing person purportedloss of possession-based. Secondly, the fact that the behavior of the Lost Propertyanalysis and preemptive the gestio comparison, and thus be seen that the place of thelost property system is different.Lost Property system concluded legislative purpose:to promote Picking up the lost property will be returned to their rightful owners is theprimary purpose of the Lost Property system, reasonable assurance as to theownership of the unclaimed lost property in the Lost Property system of secondarysexual legal purposes. The two projects through the full text of always. Lost Property system compared with the second part of our law and foreign law.First of all, is a civil law system of legislative status quo Lost Property, and then citedthe legislative status quo of the Anglo-American legal systems of the lost property.Taken in the study of China’s Lost Property system legislation is a historicalcomparative study summarizes the legislation from the Western Zhou Zhimin countryduring the Lost Property system, and finally enumeration of the lost property systemlegislation Finders remuneration and draw of the lost property system attributionparticularity.The third part of a detailed analysis of our the Lost Property reward request right.Analysis from three angles of moral incentives, rights and obligations, to come to ourcountry is not the provisions the Lost Property reward request the right to thedrawbacks.The fourth part of the problem for China’s Lost Property vested analyzed in detail.Mainly from the use of the property, the incentive Finders stable social and economicexpansion of civil rights, as well as the analysis of the first accounting for the impactof the system on several levels, to clarify many of the disadvantages of nationalized.Finally, the fifth part of the lost property system. Try to establish a lost propertyin return paid Finders conditionally obtaining Lost Property ownership system. Toimprove and supplement the lost property system in China. Eventually returned totheir owners,"and" the best use of the two legislative purpose compatible unified.