Men with the lion's mouth face multiple legal risks, which should be explained and urged to be corrected.
Nowadays, mobile phones are not only carrying communication functions, but also involving personal privacy and property security. Figure ic photo
Text |Li Shuming.
If you don't take the initiative to return the mobile phone, the owner will ask for 2,000 yuan. According to Jimu News, a female college student in Hefei, Anhui Province, was dining at a restaurant when her mobile phone was left at the pick-up area and was later taken away by a man. The man said that in order to get the phone back, the girl had to pay him 2,000 yuan.
The girl said that there was not only important information in the mobile phone, but also the ** of her deceased family, and he threatened me to brush the phone if I didn't give money. The staff of the local police station said that the police did not have the right to force the man to return the mobile phone, and suggested that the owner go to the court to sue.
The experience of female college students has made many people empathize. Because mobile phones not only carry communication functions, but also involve personal privacy and property security, and no one dares to guarantee that they will not lose anything in their lifetime, and they will not encounter this kind of "lion big mouth" picker. In this case, in addition to taking the legal route, how can you get your mobile phone back?
First of all, does the man have an obligation to return the phone? The answer is yes.
The Civil Code stipulates that if a lost property is found, it shall be returned to the right holder. The finder shall promptly notify the right holder to collect it, or send it to the public security and other relevant departments. It can be seen that the legal obligation of the finder to return the found to the right holder is clear, and there is no room for bargaining.
The duty of the finder is not limited to restitution, he also has the obligation to keep the found item safe. Article 316 of the Civil Code stipulates that the finder shall properly keep the lost property before it is sent to the relevant authorities. Where damage or loss of lost property is caused intentionally or through gross negligence, civil liability shall be borne.
News reports quoted the girl as saying that the man had threatened to "brush the machine if he didn't give money." If the man did do this, he would probably regret it.
Second, do men have the right to demand compensation?
Regarding the "right to claim remuneration" of the finder, there were ** and controversy in the early years of the legislative process, because it conflicts with the traditional virtues of the Chinese nation, and the legislation does not stipulate this.
However, the Civil Code also provides necessary protection for the rights and interests of the finder. The Civil Code stipulates that "when the right holder receives the lost property, he shall pay the necessary expenses for the custody of the lost property to the finder or the relevant department".
This means that if the finder has incurred expenses for the safekeeping of the lost property, the right holder should pay the relevant costs. However, it should be made clear that this part of the "necessary expenses" is compensation for the finder and has nothing to do with the "right to claim compensation". Picking up a mobile phone and asking for 2,000 yuan is destined to get no legal support.
In addition, what are the legal risks of refusing to return the phone?
If a man refuses to return his mobile phone, he should bear the corresponding legal responsibility once the mobile phone is damaged or personal information is leaked due to flashing and other behaviors.
In accordance with the provisions of the Criminal Law, where the forgotten or buried property of another person is illegally taken into possession of oneself, and the amount is relatively large, and the person refuses to hand it over, it is to be convicted and punished in accordance with the crime of embezzlement. Although the man will not face criminal risk because the value of the mobile phone does not meet the standard for filing a case for embezzlement (generally 20,000 yuan), the above-mentioned provisions of the Criminal Law are a stern denial of the refusal to return forgotten items after they have been found.
What's more worth is, in this kind of dispute, can you make a difference?
To be clear, the local statement that "the police do not have the right to force the man to return the mobile phone" is correct. If a man insists on not making restitution, no coercive measures can be taken against his person or property. But "no right to coerce" does not mean that nothing can be done.
According to reports, the man threatened to "brush the machine if he didn't give money" to demand a high reward, which is close to extortion, which seems to have gone beyond the scope of civil disputes.
The property, personal information, privacy and other multiple legitimate rights and interests of the girl who lost her mobile phone are at risk. At this point, it is self-evident whether to sit back and wait for the risk to become a reality, or to take the initiative to make a difference.
The reason why the man made an unreasonable request may be just out of ignorance of the law, ** by explaining the law, making him aware of the inappropriateness and risk of unreasonable demands, is a necessary measure for the police to move forward and resolve the conflict. When these tasks are done, girls can get their phones back as soon as possible, and men can avoid multiple legal risks.
And this incident, the speed of the girl getting back the mobile phone, to a certain extent, also tested the effectiveness of the law. We hope that this process will be faster and faster.
Written by Li Shuming (legal worker).
Edited by Xu Qiuying.
Proofread by Wu Xingfa.