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Study on the System of Picking up Lost Property

Author: LiuKai
Tutor: ShenYouLun
School: East China University of Politics and Law
Course: Legal
Keywords: Lost Property Finders Lost Property constitutes Compensation claims The ownership Legal effect Liability
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 322
Quote: 8
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Abstract


People create wealth at the same time , will inevitably lost property owned . With the development of society and the intensification of the flow, logistics , people as loss probability is significantly increased , more and more valuable property lost , countries must develop a reasonable and efficient system to adjust Finders of lost property relationship . The common practice of foreign based Finders Keepers behavior , the right to a lost property in the fact that the management can advocate their necessary expenses in the performance of certain obligations in the case of the lost property is entitled to unclaimed compensation claims ; in the case of the lost property unclaimed obtain ownership of the lost property . The provisions of Article 79 of the General Principles of the Civil Law of the the Finders fee claims , not require compensation claims . Of the relevant provisions of the Lost Property final unclaimed , shall be vested in the national all . The reasonableness of this practice in a strict socialist planned economy . Today , China 's market economy system has been basically established . In this context , the pursuit of wealth become legitimate , time is money , the pursuit of the input and output proportional relationship , and even can be said that , according to the Marxist economic base determines the superstructure theory , people's moral standards and its orientation to happen the corresponding changes . We should not cling to the precepts of the past while ignoring the system update . The terms of our existing regulations , it requires that the people do not speak remuneration , in the land of the market is difficult to access . Civil market economy is the main economic , if not given Finders request the right to compensation , the Finders invested not return , the result is that people simply do not pick up ( and many of the lost property , if nobody immediately picked up and care , will soon lose its value , such as the loss of computer Shuilin he will bad no doubt ), or implicit cross . In this way, we require people with high standards of ethical starting moral misinterpreted , kept missing and Finders interests have not been protected , unable to balance their interests . Unrealistic requirements into law , which in itself contrary to the related principles of Marxism . Countries have made no

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