遗失物拾得制度研究

Study On the System Of Picking Up Lost Property

遗失物拾得制度游弋于道德与法律、公正与效率、静的安全与动的安全等价值之间,身处于物权制度与债权制度、悬赏广告制度与拾得人报酬请求权制度两地,其还关涉遗失物个人获取与国家获取的选择。如何处理好这些问题及制度间的矛盾和实现不同法律制度间的和谐共存,实值研究。

The system of picking up lost property is a system shifting from morality to law, from justice to efficiency, from static to dynamic security, and values the like. It is also related to both the system of real estate and credit, and both the system of advertisement to offer a reward and the system of lost property finder＇s asking for reward. Besides, it is also concerned with the choice between taking possession of by an individual and by the state. It is consequently quite necessary to study how to deal with the conflicts between the institutions mentioned above and to make them harmonious.