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

With the rapid development of China's economy,the flow of population is becoming more and more frequent,people create a lot of wealth at the same time will inevitably bring a lot of goods lost.In most cases the lost property has a certain value for the lost people,sometimes may be important for the lost people have commemorative value,plays an irreplaceable role,this is the owner needs to get lost.How to find the lost people lost,then you need to make a reasonable and effective legal system of lost property to balance the loss of people and lost the rights and obligations.Lost property return is a complex problem,but China's "property law" and "civil law" for our lost property provisions are too simple,some of the provisions of the lost property should be further modified and improved.For example: the lost property legal system of our country stipulates the picker to the free return lost property to all people,but lost people on their own negligence or gross negligence of lost property damage compensation liability,but only the finder is entitled to claim the necessary expenses.This caused the imbalance of rights and obligations between the loss of people and lost the the lost property;after the return of the program to be further improved,finders of lost property,shall be kept by an organ which,after the announcement,perform the notification and other related procedures,are claimed and unclaimed under the condition of how to deal with specific provisions,to be further refined.Aiming at some problems existing in the system of lost property in China,this paper uses the method of literature analysis,empirical analysis,comparative study method,this paper briefly introduced the domestic and foreign legal system of lost property and the relevant provisions of the legislative background,through comparative analysis and points out some problems of China's legal system of lost property and existing deficiencies,combined with the actual situation of me in the analysis and put forward some personal recommendations.This paper is divided into five chapters.The first chapter mainly introduces the concept of the lost object in the legal system of the lost property,and makes a detailed introduction to the forgotten objects,the buried objects,the hidden objects,the abandoned objects and the lost objects.The second chapter mainly introduces the lost property legal system in our country,the legislative background and the main content of our lost property legal content of historical evolution,specific analysis of our current lost property legal system existing problems and shortcomings,and put forward the suggestions.The third chapter of the third chapter mainly introduces the legal provisions of lost property in most countries in the world.According to the main content of common law and civil law to introduce the national legislation and legislative background,for the finder,different countries play a role in the loss of lost property in the system of human and comparative legal system in our country,the main content of China's lost property legal system perfect enlightenment and chapter fourth is the introduction of some the problem and how to improve our legal system of lost property.For example: whether the loss of good faith acquisition system,the loss of unclaimed ownership of the country is reasonable.And put forward personal opinions on these issues.