遗失物拾得人权利制度之构建

遗失物拾得人的权利是以拾得人的义务为基础的,因此,权利与义务的协调平衡是遗失物制度有效运行的前提,也是遗失物制度发挥其应有作用的条件。然而,我国的遗失物制度已不能有效地解决现存的社会问题。对此,应引起有关部门和学者的关注,法律应明确规定拾得人的报酬请求权和附条件取得拾得物所有权,以完善我国的遗失物制度。

The right of picker that picked lost property bases on his obligation, the.refore, the coordinate balance between right and obligation is prerequisite of the lost property regulation to efficiently work, and also is a condition that the regulation its own functions to be brought into play. However, the regulation of our country has already been unable to effectively solve present social problems. The relevant departments and scholars should regards on it, and law should clearly prescribe about picker＇s right of asking for remuneration and giving additional condition for the proprietary of lost property, so as to improve it.