An Analysis Of The "getting Lost Property" In Ming And Qing Dynasties

The relevant provisions of the law of "getting lost property" in Ming and Qing dynasties can be traced back to the relevant records in the book of Shangshu · Feishi at the earliest.Later,the provisions of "the big is the public,the small is the private of the common people" appeared in the Han Dynasty.The legal provisions of the Tang Dynasty on the lost property mainly focused on "getting the stored property" and "getting the lost property".The Song Dynasty followed and formulated relevant examples,supplemented by laws;The law of the Ming Dynasty was compiled as "getting lost property",but there was no obvious change in its content.On the basis of following the law of the Ming Dynasty,the law of the Qing Dynasty added small notes or general notes to further clarify the content of the law.This paper is divided into four parts.First of all,on the basis of emphasizing the research significance and research methods,this paper collects the advantages and disadvantages of the previous research results,and then present out the research content and innovation of this paper.Secondly,it introduces the origin of the law of "getting lost property" in Ming and Qing Dynasties,analyzes the relevant provisions of the lost property system in various dynasties in ancient China,focusing on the detailed exploration and interpretation of the relevant provisions in Tang and Song dynasties.The research mainly focuses on the comparison of different handling methods and punishment principles in different situations of picking up lost property,in order to find out some characteristics of the law and try to conclude it Now the changes of laws and regulations which indicate that the main purpose of establishing the system of lost property in Ming and Qing Dynasties is not to establish private rights but to maintain social order.The above claims lay a solid foundation for the study of the law of "obtaining lost property" in Ming and Qing Dynasties.Thirdly,the article comprehensively and carefully reviews and studies the legal provisions of "getting lost property" in the Ming and Qing Dynasties,starting from the issues of lost property,buried property and the handling of found special items,and deeply analyzes the connotation and extension of the law itself,and discusses in detail the time ofsending officials,the distinction between finding official and private property,the circumstances of sentencing and the corresponding punishment methods On this basis,we should pay attention to the development and change of the relevant examples in Ming and Qing Dynasties,and investigate the supplement and development of the examples to the laws.Finally,it analyzes the cases related to the lost and found system in the judicial archives,discusses how to reset the lost and found system in practice in Ming and Qing Dynasties,normalizes the compensation claim of the lost and finds out the differences between the legal provisions and judicial practice,and tries to explain the reasons for the differences.Although the article "getting lost property" looks brief,it contains the guiding ideology of legislation on private rights and relatively stable social concept level in Ming and Qing Dynasties.By regulating the relationship between the finder,the owner and the government,the system of how to deal with the lost property is constructed.This paper analyzes and explores the above content,in order to benefit the formulation and implementation of relevant laws.