浅谈我国遗失物归属制度的建立——兼论我国民事立法的再完善

On the Establishment of the System of the Ownership of the Lost Property in China——and on the re-perfection of civil legislation

如何处理遗失物的归属是一个颇为复杂的问题,现有法律及司法实践存在诸多缺陷,且日益暴露出法律制度与社会现实之间的矛盾。我国民事立法应在借鉴各国立法的基础上,结合我国国情,明确界定遗失物之概念、法院作为遗失物接受管理机关及其法律地位、酬金制度、拾得人取得遗失物所有权、遗失物又遗失时的法律制度等,从而建立和完善适合中国的遗失物归属法律制度,更好地保护失主的财产权利,规范遗失物归属关系,进而使我国民事立法进一步得到完善。

How to deal with the ownership of the lost property is a rather complicated problem. There are many perplexities and defects existed in not only existing laws but judicial practice, and the conflicts between legal system and social actuality are exposed increasingly. Therefore, our civil legislation, based on comparing with legislation of each country and the situation of china, should explicitly define the concept of the lost property. The court that the administration of reception and management of the lost property and its legal position. The system of fees, the ownership of the lost property belongs to the finder and the legal system of re-lost thing exc. , thus establish and perfect the system of the lost property ownership of our own in order to preferably protect the property rights of the owner of the lost property and regulate the ownership of the lost property. And then our civil legislation will be perfected further.