应然视角下的遗失物拾得制度应该是遗失人和拾得人之间的双赢,这种双赢是符合效益、公平的价值与原则且遵从财产最佳利用这一财产法最基本的理性原则。本文指出在应然状态下检讨我国《物权法》的遗失物拾得制度,可以发现其不足之处,这些不足可以通过报酬请求权和所有权归属这两个方面予以完善。 It should be a win-win situation between the lost person and the beneficiary from the perspective of the lost property. This kind of win-win situation is the most basic and rational principle of property law that is in line with the values ​​and principles of efficiency and fairness and complies with the best use of property. This paper points out that under the condition of review, we can find out the deficiencies of the property loss law in our country, which can be improved through the two aspects of the claim of remuneration and the ownership of ownership.