返还拾得物与寻物悬赏广告的法律规制与完善

The Legal System & Its Perfection of Goods Lost Returning and Rewarding Advertisement for Goods Lost

返还拾得物与履行寻物悬赏广告义务等问题,《中华人民共和国物权法》虽已有规定,但不完善。尤其是有"必有重谢"承诺但没有具体酬金数额的寻物悬赏广告如何履行问题,《中华人民共和国物权法》以及司法解释均未作具体规定。因发布寻物悬赏广告的广告人不履行承诺或广告人与相对人意见不一致引发的纠纷时有发生,司法实践中不便于裁量。通过探析返还拾得物与寻物悬赏广告的法律制度,提出返还拾得物与有效履行寻物悬赏广告义务的建议,以维护相对人合法权益,维护经济生活秩序,促进社会和谐发展。

Though Real Right Law of People＇s Republic of China has some provisions of the issues like goods lost returning and the obligation performance of the rewarding advertisement for goods lost, they are not perfect. Especially for the issues of how to perform the obligation of ＂handsome rewards are absolutely offered＂ when the advertisement doesn＇t include the specific figure of rewards, the law and other judicial interpretations do not have specific regulations. The discretion is difficult to realize in judicial practice under the situations that the advertiser fails to perform the obligation of the ad or, the disagreement occurs between the advertiser and the counterpart. Through studying the legal system of goods lost returning and rewarding advertisement for goods lost, the writer makes proposals for returning the find and effectively performing the obligation of the advertisement so as to protect the counterpart＇s legitimate rights and interests, maitain the economic order and promote the harmonious development of the society.