On The Legal Effectof The Lost Property

With the continuous development of market economy, private property system in our country gradually perfected, as one of the important spirit of the civil law, the principle of autonomy, and gradually become the important principle in people’s daily life, and the private property system and the property law of the property law. Lost property as a former "Tianxiaweigong" Jiaogong matter, with the improvement of social economic development and legal system, and gradually become things often encountered in the daily life of the people, before things pick up shall be turned over to the outdated concept, turn to alternative is main legal private rights protection and construction of public order and good customs. Since the promulgation of the property law, to a large extent broke the solely rely on the moral self-discipline and the realization of the real right in relation to maintain order, to achieve a balance of interests between the protection of ownership and legal possession and picking up people and equity and justice. On the other hand, because of our country’s property law on the loss of the system of the state, there is still room for improvement and the need to improve, I hope that through the study of the concept of the lost property and the legal effect of the lost, to our country’s relevant laws to improve and enrich their own independent thinking.There are four chapters in this thesis. In the first chapter, the definition and concept of the lost property are defined from the scientific point of view. Through comparative analysis and comprehensive summary, the paper analyzes the viewpoints of Wang Liming, Xie Zaiquan, Shi Shangkuan and other scholars.The second chapter discusses the legal origin of the lost property. On ownership of the lost property, and picked up the rights and obligations of the lost and lost the alteration of real right legal basis and legal basis, by means of historical analysis and comparative analysis method is studied in the paper. This chapter from the historical evolution of the system of lost of through moral origins of ancient China on the lost property system research and combing, trace of our lost property "public right is supreme", to find our lost the spiritual origin of the law and improve the direction. Then it compares and analyzes the foreign system of lost property and the law of the lost property. The study of the civil law of the people’s Republic of China is inseparable from the Roman law and Germanic law, and progress of China’s legal system is to absorb and learn from foreign advanced legislation based on the development of, through the ages of history tell us: institutional knowledge and are able to migrate. This chapter compares the foreign and our country about the loss of the legal provisions and value orientation, from the legal interpretation and the legal system of the foreign lost property right and the impact and guidance to our country.In the third chapter, we analyze the legal effect of our country’s legislation on the lost property. This chapter is the main part of the whole paper. On the one hand, we discuss the current situation of our country’s lost property by the legal system and the spirit of our country. On the other hand, from the principle of natural law and the law philosophy analysis based on China’s existing laws, the rights and obligations of the discourse of rights and the finder, and clearly the rights and obligations of the legal sources of the legal analysis.The fourth chapter is about the reconstruction of the value of the lost property system. Law is always lagging behind the development of social economy and people’s life, the development of the society and the change of law. This chapter from the current ownership and reward request right on the point of starting discusses lost the alteration of real right, balance of interests and moral guidance existing problems, and puts forward the lost the opinion of the property value of the reconstruction, and strive to build the complete loss of property right protection and finders protection system.