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现实生活中,由于财产所有人或占有人的疏忽大意或自然原因遗失财物的现象极其常见。对于拾得遗失物所有权归属的问题在我国的《民法通则》和《物权法》及其相关的司法解释中明确规定即经过合理期间无人认领的遗失物归国家所有,但由于我国现行立法规定得太过简单和原则化,导致可操作性不强,从而形成了法律制度与司法实践相矛盾的局面。我国民事立法应当不断完善遗失物拾得制度,以解决拾得人和遗失人之间的纠纷,更好地保护双方的利益。
In real life, the loss of belongings is extremely common due to the negligence or natural causes of the owner or owner of the property. As for the ownership of the lost property, it is clearly stated in the “General Principles of Civil Law” and “Property Law” of our country and its related judicial interpretation that all the lost property unclaimed in a reasonable period belongs to the state. However, due to the current legislation in our country, too Simple and principled, leading to maneuverability is not strong, thus forming the legal system and judicial practice contradictory situation. China’s civil legislation should continue to improve the system of lost property pick-up in order to resolve disputes between the losers and the losers and better protect the interests of both parties.