A Study On Constructions Of Lost Property Finder's Right Of Claim For Compensation In China

The problem of lost property has always been an important issue in our social life,and each of us will become a finder or a loser inevitably.Recovering lost money has always been the traditional virtue in our country,and it is also regard as a statutory obligation in General Principles of the Civil Law and the Real Right Law.However,at present,our country is one of the lowest rate country in returning lost property.The reason is that the related lost property law is not very perfect in our country.Compared with many other countries and Taiwan china,finder's right of claim for compensation is not recognized in Chinese legislation,which leads to a serious imbalance between finders and losers.At the same time,the finder lose their enthusiasm in returning lost property.Giving finders the right of claim for compensation is the key factor to change the current situation.Constructing the right of claim for compensation is not only involves the justified foundation of rights construction,it also includes some other aspects,such as the limitation of finder's rights,the establishment of the remuneration amount,the guarantee and realization of the right of claim for compensation and so on.The study on these issues has great theoretical and practical significance.The right of claim for compensation has its legitimacy foundation whatever in moral,legislation or realistic level.In moral level,the main reason for our country not to recognize the right of claim for compensation is that it deviates from the traditional virtue.In fact,the law is only a minimum of morality;high standards of ethics should not be included into the field of legal norms.Since the Property Law of our country has stipulated the statutory obligation of returning lost property,in order to maintain the consistency of moral standards and legal standards,giving compensation should be regarded as loser's obligation.In legislation lever,the establishment of the right of claim for compensation has two advantages.On the one hand,it conforms to our country's legislative tradition and the trend of international legislation.On the other hand,it can solve the problem of unbalanced rights and obligations in the legal relationship of the finder and the loser.In realistic level,the right of claim for compensation can enhance people's enthusiasm and protect loser's property.And at the same time,it can also solve the controversy over reward advertising.The precondition for finder to perform his right of claim for compensation is that he should fulfill his legal obligations,such as timely notice,properly keeping,actively return and so on.Moreover,not all finders can request remuneration,some people doesn't have this right.Such as public officials in state agencies,managers in public places,and people who have a contractual obligation to the lost property.In order to avoid the dispute between the finder and the loser in the amount of compensation,the criteria of the compensation must also be determined.In the extraterritorial legislative model,there is "unification of legislative" that does not distinguish the value of the lost property and "separate legislative" that determines the proportion of different compensation based on the value of the lost property."Separately the legislative" is more suitable for our country.Because it takes into the advantages of the stability of the fixed proportional model and the flexibility of the floating proportional model,and avoids it's of the uncertainty.For the special items that are only meaningful to the loser or some lost animals,it is impracticable to determine the remuneration according to a uniform standard.Therefore,the compensation of these lost property should be determined according to the nature,value and emotion of the lost property.Some certain relief measures should be stipulated to make the realization of compensation request in legislation.First of all,when the loser refuses to pay the compensation without justified reasons,the finder and the lost property department can retain the lost property and urge the loser pay the compensation promptly.Second,the finder could still be able to request compensation from the loser after giving the lost property to the lost and found department.The loser who takes the lost property within the statutory period could pay the compensation to the lost and found department,and then the department gives the compensation to the finder.If the loser does not come to take his property within the statutory period,valuable property is owned by the state,and the compensation should be paid by the lost and found department.Unvalued property is owned by the finder,expect for some special items.In the end,when the advertisement with the unilateral promissory nature competes with the right of claim for compensation,the finder has the right to choose.