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我国现行的遗失物拾得制度承载了过多的道德因素与计划经济时代国家、集体利益至上的理念,存在两大缺陷:否定了拾得人的报酬请求权;规定无人认领的遗失物归国家所有,未建立拾得人有条件取得遗失物所有权制度。本文通过对我国拾金不昧传统美德进行重新解读,提出赋予拾得人报酬请求权;批判无人认领遗失物归国家所有的现行立法思路,提出应允许拾得人附条件取得遗失物的所有权,为完善我国遗失物拾得制度提供参考。
The present system of picking up lost property in our country carries with it excessive moral factors and the concept of supremacy of state interests and collective interests in the era of planned economy. There are two major defects: the right of remuneration of the scavenger is denied; and the loss of unclaimed property is owned by the state , Did not establish the conditions for the acquisition of the ownership of lost property system. In this paper, we reinterpret the traditional virtues of returning lost money in our country and put forward the right of requesting remuneration. In order to criticize the existing legislative ideas that no one claims the ownership of the lost property, we propose that people should be allowed to acquire the ownership of the lost property conditionally, Provide a reference system.