Reasonable request for the return of lost property
- by The power to move upwards
- April 12, 2021
Recently, Mr Liu, a citizen of Chengdu, hailed a taxi on a taxi app. Upon arrival at his destination, he accidentally left his backpack and laptop in the car. In the process of contacting the taxi stand and the taxi driver for the return of his belongings, he was asked for a "return fee" of RMB 800. In the end, Mr. Liu paid 800 yuan and got his computer and other items back. But he felt that the taxi driver's demand was unreasonable. (West China News, 9 January)
In the end, after the car rental management company and the local People's Traffic Safety and Transport Bureau intervened to mediate, each side gave in and the taxi driver returned 400 yuan of the "return fee". The dust has settled, but the attention and debate among Chinese netizens has not stopped. Should taxi drivers claim a "return fee" for the many lost items they find? And if we can ask for it, how much is the standard fee?
It is a traditional virtue of the Chinese people to pick up money and not forget it.
In my opinion, to demand compensation from the owner for picking up someone else's property is not a decline in traditional morality and ethics, but a step forward in the times. On the one hand, picking up someone else's property requires maintenance, transportation and return, which are the various costs to be paid, so asking for or accepting the necessary "return fee" or "thank you fee" from the owner is a form of compensation and there is no excuse for.
There is no excuse for asking for or accepting the necessary "return fee" or "thank you fee" as a form of compensation, not only as a moral change, but also as a legal safeguard. Article 314 of the Civil Code, which came into force on 1 January this year, stipulates that: "Lost and found property shall be returned to the rightful owner. The finder shall promptly notify the right holder to collect it, or deliver it to the public security and other relevant departments." Article 316 states that "The finder shall take care of the lost property until it is delivered to the relevant authorities, and the relevant authorities shall take care of the lost property until it is collected. If the lost property is destroyed or lost due to intent or gross negligence, the person shall bear civil liability." This is a legal obligation of the finder, but they also have legal rights. Article 317 of the Civil Code states that when the right holder collects the lost property, he or she shall pay the necessary expenses incurred in keeping the lost property, etc. to the finder or the relevant authorities.
So, it is the duty and responsibility of the finder to return the lost property, but we claim the necessary to carry out a reasonable payment, also because of their legal property rights. The key to the development of the work surface here, however, is "necessary" and "reasonable". In other words, the issue of returning someone's lost property can be claimed, but the amount claimed should be in line with social necessity through the principle of reasonableness, not without lion's share, otherwise it is difficult to get the relevant legal support in time, and may turn a good thing into a bad thing. Like the news study in the taxi driver needs to return each other's computers, the gasoline spent, delaying the time to earn money by hauling passengers, are considered reasonable costs of business use, but obviously China will not be so much in order to reach 800 yuan, so the students demanded 800 yuan "return fee", more than the scientific and reasonable category.
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