A few days ago, Ms. Qin in Anyang, Henan Province accidentally left her mobile phone in a taxi, the driver returned it back but demanded a reward of 100 yuan which caused Ms. Qin's discontent. She po it on the Internet and was scolded by netizens for ‘being stingy’ and ‘not being grateful’. These losing mobile phone experiences happened in Ningbo last year, too. Xu, a girl, lost an iphone7, which was picked up by an aunt and asked her for 2000 yuan. However, the two parties failed to negotiate the price after meeting, so the aunt broke the phone in a rage and finally Xu called the police.
Our country always advocates ‘picking up money without ignorance’, does this mean that we should not pocket anything found on the road or wo should do good deeds without seeking rewards?
1. Who owns the mobile phone after it is be lost?
Of course it's mine if I find it, right? Not so! The phones that Ms. Qin and Mr. Xu lost, which are legally called lost property, refers to something that owner has forgotten somewhere and does not occupy for anyone. The owner of the lost property only lost occupancy of the property, but did not affect their ownership status, that is to say, in the above two cases, Ms. Qin and Xiao Xudu are still the owner of the mobile phone! Here's an exception: money! Money as a currency to apply the ‘occupancy turns to proprietorship’ which means that one day if you see a piece of 100 yuan lying quietly in the street, pick up, and you will be the owner of the money~ Pay attenation, here the mouey I say is only pieces of money, if you pick up the wallet, the money in the wallet is also belong to the owner of the wallet.
2.Can Miss Qin and Xu ask the person who picked up the mobile phone to return it back?
Definitely no problem! We have made it clear that they are still the owners of the mobile phones, so it is appropriate for them to ask the other parties to return the mobile phone back based on the ownership. Article 109 of the Property Law stipulates that ‘lost property should be returned to the owner. The finder shall timely notify the owner or hand it over to the public security department or other relevant departments.’ At the same time, according to the opinion of the Supreme People's Court, ‘if a finder claims the recovered object as his own and refuses to return it, the lawsuit shall be handled as a lawsuit of infringement.’ So, when we pick up a mobile phone, we have the obligation to take the initiative to return it to the owner or to the public security organs. As for the aunt who refused to return Xu's mobile phone, Xu can bring a tort suit and ask her to return her mobile phone back.
3. Does the driver and the mother have the obligation to keep the mobile phones after they pick them up?
Article 111 of the Property Law stipulates that, ‘A lost-and-found object shall be properly kept by the person who finds the object before it is handed over to the relevant department and by the relevant department before it is claimed by the right holder of the object. In case the object is damaged or lost deliberately or for gross negligence, the relevant personnel shall undertake the civil liabilities.’
Yes, you've read it correctly. The ‘gleanings’ things, or not to do, once you have done, you must be responsible! Last year, a man named zhang in huludao city, liaoning province, found lv's wallet and threw it away when he found no money inside. Lv found him through surveillance video and sued him. In fact his wallet was a luxury item so I the end, Zhang paid a discount of 2150 yuan for Lv’s wallet. Therefore, from the moment that the driver and aunt picked up the phone, they have the responsibility to protect others’s mobile phones, protect others is also protecting themselves.
4. Is it lawful for the driver and the aunt to ask for remuneration?
It is acceptable for necessary expenses but not remuneration. The law stipulates that when the owner gets the lost property, he or she should pay the necessary expenses for keeping the lost property to the picker or the relevant departments, such as the driver and the aunt in this case, they can claim the necessary fees as the fare for returning the mobile phone, lost wages, etc., but it is impossible to request them to pay hard work fees which the absurd request of aunt that ‘pay 2,000 yuan for mobile phones’ is just asking for the moon if she want to get the support of the law.
5. What is the nature of this behavior if the driver or aunt used the picked up mobile phones to consume?
Larceny! In 2017, a man, Liu Mou, who picked up a mobile phone, and transferred 5004 yuan of WeChat deposits to his own account, which she was sentenced to six months'imprisonment, one year's probation and a fine of 2,000 yuan for larceny. In the same year, Zhang was arrested and sentenced to two months'detention and a fine of RMB 6000 for he used and illegally cashed the oil card that he picked up for nearly 5,500 yuan.
The crime of larceny refers to the act of secretly stealing a relatively large amount of public or private property or repeatedly stealing public or private property for the purpose of detinue. Many of you may think this is an embezzlement, but it's not. For example, a finder takes possession of the picked up wallet as a custodian from the moment he finds it, including the money in the wallet. At this time, if he greedily takes the money from the wallet without permission, what he done is embezzlement which he illegally taking occupany of the forgotten things in his custody for the purpose of detinue.The money in WeChat and Alipay is the money stored in the accounts which is managed by WeChat and Alipay platforms and belongs to owners of mobile phones. Using the picked up mobile phone to consume, is the criminal act of larceny which secretly stealing other' s money by means of WeChat and Alipay aims at illegal occupancy. The starting point of our Zhuhai larceny amount is bigger in 2000 yuan above, that is to say, if someone pick up a mobile phone and used 2000yuan by Wechat, he or she already achieved the standard that larceny puts on record!
This period of popularize law small column is over, don't eat the pie that falls from the sky, and don't greed the mobile phone that you pick up on the ground. Do not return the things you picked up to me? Sue you!
