Is there a law that says that most people who pick up things look up and see that no one claims them

Updated on society 2024-02-21
7 answers
  1. Anonymous users2024-02-06

    According to Article 113 of the Property Law, "if the lost property is not claimed within six months from the date of the announcement of the claim, it shall be owned by the state." ”

    In addition, according to Article 79 of the General Principles of the Civil Law, paragraph 2 of this article stipulates that "lost property, drifting objects or scattered breeding animals shall be returned to the owner, and the expenses incurred therefrom shall be reimbursed by the owner." The relevant judicial interpretation is Article 94 of the Several Opinions of the Supreme People's Court on the Application of the General Principles of the Civil Law, which stipulates that:

    Where the found item is lost or damaged, and the person who found it does not intend to do so, civil liability is not borne. "If the finder refuses to take the found thing as his own and refuses to return it, and a lawsuit arises, it shall be handled in accordance with a lawsuit for infringement. ”

  2. Anonymous users2024-02-05

    That's called unjust enrichment, and that's just from civil law! In the criminal law, a large amount constitutes the crime of embezzlement or theft, and the things you pick up do not belong to you, you do not have ownership, and should be handed over to the state or the collective, or post a reward advertisement, and you can ask the owner for a certain amount of compensation, of course, it is legal and reasonable! Hope it helps!

  3. Anonymous users2024-02-04

    According to Chinese law, it cannot be owned by the finder for a long time. If refusal to return it also constitutes the crime of misappropriation. You can only ask the owner to pay you reasonable expenses for the management of the found property, and it is not legally supported to ask the owner to pay compensation, and the owner's willingness is not restricted.

  4. Anonymous users2024-02-03

    Lost property shall be returned to the right holder. The finder shall promptly notify the right holder to collect it, or send it to the relevant departments. When the relevant departments receive the lost property and know the right holder, they shall promptly notify them to collect it; and where they do not know, they shall promptly issue a notice of solicitation.

    Before the finder sends the lost property to the relevant departments, the relevant departments shall properly keep the lost property before the lost property is collected. Where damage or loss of lost property is caused intentionally or through gross negligence, civil liability shall be borne. When the right holder collects the lost property, it shall pay the necessary expenses for the custody of the lost property to the finder or the relevant department.

    Where the rights holder offers a reward for finding the lost property, it shall perform its obligations in accordance with the promise when collecting the lost property. If the finder embezzles the lost property, he has no right to request the custody of the lost property and other expenses, nor does he have the right to request the right holder to perform its obligations as promised. If the lost property is not claimed within 6 months from the date of the announcement of the claim, it shall be owned by the state.

    Possession of another person's property without any legal basis should be unjust enrichment. In addition, China's criminal law stipulates that those who illegally take possession of other people's forgotten property, and the amount is relatively large, and they refuse to hand it over, shall be punished according to the crime of embezzlement. If he refuses to hand over the property of another person, he shall be prosecuted for the crime of embezzlement.

    However, there is no circumstance of refusal to hand over the picked up items, and it should not be treated as a crime of embezzlement, cannot be found to be a crime, cannot be punished by the criminal law, and their conduct can only be adjusted by civil legal norms.

    Legal basis: Article 270 of the Criminal Law: Whoever illegally takes possession of another person's property in custody as his own, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention, or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

  5. Anonymous users2024-02-02

    Picking up something and not returning it is unjust enrichment. Unjust enrichment refers to the acquisition of benefits that are detrimental to others without a lawful basis.

    Legal basis: Article 985 of the Civil Code: If the gainer obtains improper benefits without legal basis, the person who suffers losses may request the gainer to return the benefits obtained, except in any of the following circumstances:

    1) Payments made for the fulfillment of moral obligations; (2) the repayment of debts before they become due; (3) Repayment of debts knowing that there is no obligation to pay.

  6. Anonymous users2024-02-01

    Legal Analysis: Illegally taking possession of other people's forgotten or buried items, and the amount is relatively large, and refusing to hand them over, is suspected of the crime of embezzlement. The sentence is usually up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 2 and 5 years imprisonment and a concurrent fine is to be given.

    Legal basis: Article 270 of the Criminal Law of the People's Republic of China: Whoever illegally takes possession of other people's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention, or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

    Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

    This crime shall be dealt with only if it is told.

  7. Anonymous users2024-01-31

    Legal Analysis: It is illegal for urban management to collect things. The chengguan may temporarily seize illegal items. Administrative penalties may be imposed on the parties to the illegal acts in accordance with the law, and the temporarily seized items shall be returned after the punishment is completed. During this period, the temporarily seized items should be properly kept, and the temporary detention period is one month.

    Legal basis]:

    Measures for Urban Management Law Enforcement

    Article 9: Urban management law enforcement matters that need to be exercised in a centralized manner shall have the following conditions at the same time: (1) Closely related to urban management, 2) Closely related to the production and livelihood of the public, and where the problem of multiple law enforcement disturbing the people is prominent, 3) The frequency of law enforcement is high, and the professional and technical requirements are appropriate, and 4) it is truly necessary to exercise them in a centralized manner.

    Article 10: Where the competent departments for urban management law enforcement exercise administrative punishment powers in a relatively concentrated manner in accordance with law, they may implement administrative compulsory measures related to administrative punishment powers as provided for by laws and regulations. The main purpose of the chengguan confiscating the stall people's things is to impose a fine, and after the fine, they will generally return it to the vendors. If you set up a stall in a place where you can't set up a stall, the chengguan is qualified to collect the vendors' things, so the vendors must combine the actual situation to fight for their own relevant rights and interests when setting up the stalls.

    In the face of the situation that the chengguan directly collects things, if you are not clear, or do not know whether it is illegal, etc., please come to Hualu.com to ask a lawyer.

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