On The Improvement Of The Legal System Of Lost Property In China

Lost-and-found objects system is an important content in the civil law system, it bears on the return of the lost items, attribution, the parties rights and obligations and social resources recycling. At present, the Lost-and-found objects system in China mainly exist such defect, lacking of rights, obligations and general part, with the civil law system is not compatible.In order to analysis the above problems furtherly, this article first obtains from the concept of lost property, analysis of the lost property of the constitutive requirements, as well as some forms and concept of the difference, in order to accurately distinguish what items can be lost. Based on making correct judgment on those, and then to disassemble lost-and-found objects behavior analysis, with the possible transformation of negotiorum gestio in civil law system, and the tort.Next, this article first comb about all lost property law in our country, and from the Angle of politics, economy, traditional morality to analysis the root causes of this kind of "unique" legislation, then through law compares with other countries and regions, and found that the defects of the existing system in China. Lost-and-found objects system in China the biggest problem is that the balance of the rights and obligations does not object, object with the due obligations, but there is no corresponding rights, such as the object of compensation claim, will obtain the ownership of the lost property rights, etc. In addition, the civil law system in our country, without a lost-and-found objects and management system is not harmonious, without the administrator may require the obligee to assume the resulting losses, but not in the lost-and-found objects can be. Prize advertising system itself practicality is not strong, many specific problems in urgent need of law provisions in detail.