Research On The System Of Claiming Compensation For Lost People In China

The compensation right of the picker refers to the right of asking for money when the picker returns the property to the loser.This right is always related to morality and law,justice and efficiency,the value of movement and static security,it is even directly related to the ownership of the lost property,that is to say,the ownership of the lost property is the picker,the loser or the state.The picker is only entitled to the compensation right in particular circumstance,only when the loser releases the reward advertisement.The discussion of whether the picker should be entitled to the right of compensation appears in some books of civil law scholars,they think the picker should be entitled to the right according to the fundamental principle of property law and the principle of united of the rights and obligations.However,considering the maintain of traditional virtue,the property law of our country does not support the right of compensation of the picker.But the effect and real value of the regulations is not obvious,thus caused law rate of the return of lost articles,many disputes about compensation,problems of taking actions and obstacles for the values of the property to be realized,and so on.As far as i am concerned,we should learn from other country's rules and establish the the right to claim for compensation in the legislation of our country.This article not only introduces the research idea,research method,innovation point,but also expound two different viewpoints,analyses the differences between the two views,and points of the author's attitude,that is,the picker should be entitled to the compensation right.Although the property law in China does not support the pickers own the right of claiming for compensation,but on the one hand i think that no compensation right will be not conducive to achieve the timely return of property and effective use,and is not conducive to achieve the intention on the part of property law legislation;On the other hand,in reality it has caused many disputes due to no reward power of claiming for compensation and the companies of Lost and Found may encounter a lot of difficulties and the obstacles in the process of business in China.Based on our country about the regulations of the problems existing in reality,turn to the other countries of the provisions of the sights,sum up their compensation rights granted or directly or indirectly by giving the ownership of the object to protect the rights of itscompensation,and analyzed them with the provisions of the rationality and in the legal theoretical significance and realistic significance of this right.After the author embarks from the actual situation of our country puts forward legislative suggestions about the compensation right of the picker.Then the writer will discusses the premises of the use of this right,the limiting conditions of this right,how to rule the amount of compensations conform to the actual situation,how to promote the effective operation of the lost and found company through the regulation of the lost property law,what is the specific provision for the right to ask for the right of compensation and the right to pay for advertising and what is the rule when they have the right to compete,the safeguard measures for the claim and unclaimed claims of the lost property,and hope to improve this system.