Legislative Thinking On The Ownership Of Lost Property Under The Background Of Civil Code Compilation

Lost items happen almost every day in our country,which is closely related to everyone’s life.However,China’s current legislation on the ownership of lost items is not perfect.When dealing with disputes over ownership of lost items,there is often no specific legal support,resulting in a disconnect between theory and practice.Therefore,the study on ownership of lost items is conducive to the unification of theory and judicial practice,and the correct handling of disputes.Based on the opinions of domestic and foreign scholars and domestic and foreign legislation,this paper studies the ownership system of the lost property,which is not only conducive to providing relatively perfect legislative Suggestions for the ownership of the lost property in China,but also conducive to fully protecting the interests of the parties and stabilizing the market economic order.In addition to the summary and conclusion in this paper is divided into six parts,the first part through the lost things large number,the total value is higher,but a lot of unclaimed cause with the department of public management workload,lost things warehouse shortage phenomenon description,lead to the judicial practice at present stage in our country the problems existing in the ownership of lost items.In the second part,through the analysis and analysis of domestic legislative reasons and legislative status quo,the author concludes that the dispute focus on whether the owner can obtain the ownership of the lost property,the rationality of the state’s unconditional acquisition of the lost property and whether the system of bona fide acquisition is applicable to the lost property.The third part from the perspective of comparative law,through to the lost property ownership of the ancient and modern,Chinese and foreign legislative research,it is concluded that lost property ownership system in China can draw lessons from foreign advanced legislation pattern,adopt means of limit state will obtain the ownership of the lost property,the subject qualification of the ownership of a given object lost and according to the assignee subjective to discriminate between good and evil.The fourth part in the first three parts based on the study of the lost property ownership system,put forward has not explicitly stipulated in the lost property ownership system in China lost during the eligibility of subject and the related legal,lost property ownership shall not apply to the good faith system,but the current legislation did not make clear a regulation for the defects such as the current legislation system.Therefore,in the fifth part of this paper,it is proposed that the acquisition-prescription system should be applied to the ownership of the lost property under the background of the compilation of the civil code and its rationality is analyzed.The sixth part is through the research and analysis of the above problems,put forward in the background of the civil code compiled in the lost property ownership in the legislative improvement recommendations.