Probing Improvement of China’s Egislation of Attribution of Lost Property Ownership
|School||China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Lost Property Attribution of Ownership Bona Fide Acquisition|
Missing items is a common phenomenon in life, which cause the disputes of loser,picker and transferee are common occurrence too. Therefore, not only the legislation of many countries and regions pay considerable concern to the Lost Property system, but also our country. China has always attached importance to regulate the social relations from missing thing. In 1986, General Principles of Civil Law of PRC has special provisions, but because of the loss of Comprehensive and adequacy, it is not sufficient to fully and effectively adjust the lost property relationship in real life. 2007 the Property Right Law of PRC with six clauses regulate the legal relationship of lost property more comprehensively, compared with the General Principles of Civil Law, there has been a marked improvement. but there are still gaps and open to question, particularly its provisions relating to the ownership of lost property is less reasonable, clear and concrete, Clearing the property right ownership and solving property right disputes is one of the main objectives of China’s Property Right Law, of course, is one of the legislative purposes of Lost Property system too. With this breakthrough point , the thesis analysis and explore the issues of lost property ownership, intend to benefit of implementing and perfecting of the lost property legal system. Writing ideas starting from the questions and understanding differences of the current theoretical circles regarding legislative provisions of lost property ownership, the thesis Distinguishes between two situations that lost property has not been transferred and lost property has been transferred, to discuss the issue of lost property ownership. and using the research methods of comparative law, Empirical analysis, theoretical analysis and logical reasoning .etc, try to clarify our lost property ownership issues and make recommendations for the legislative improvement.Besides the introduction and conclusion, this thesis is composed of three parts. Part I summarizes the questions and understanding differences that china’s current theoretical circles put forward to the legislations of the ownership of lost properties in Property Right law, to clear the main questions that the thesis will explore and solve. PartⅡ,the paper demonstrate the issue of the ownership of lost property that has not been transferred, present and analysise the rationality that the picker acquire the ownership of lost property, then on this basis ,discuss the conditions that the picker acquire the ownership of lost property ,and analyze china’s current legislations and put forward the concrete improvement suggestions. PartⅢ,the paper probe the attribution of the transferred lost properties ownership , it starts with the understanding differences of current theoretical circles on the existing regulations, to interpret the relevant legislations of china’s Property Right Law from systems practice, then ,on this basis ,to comment and analyze them, and then, present the suggestions how to improve the existing legislations, finally, come to the conclusions of ownership of lost property.