We in China have a tradition of collecting gold since ancient times, but there are also a small number of people who are unable to do this, so is it illegal to get paid for picking up a mobile phone?
Netizen consultation:
Is it illegal to ask for a reward for picking up a mobile phone?
Lawyer answers:
Whether it is illegal to pick up a mobile phone and ask for remuneration depends on the situation, and the specific analysis is as follows:
1. If you want to pay for picking up a mobile phone, if the other party voluntarily pays it, then it is not illegal;
2. If you pick up a mobile phone and ask for a reward, and you are unwilling to pay it and the perpetrator refuses to return it, then it is very likely that you will be suspected of the crime of embezzlement and need to bear criminal responsibility.
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. Buried and hidden objects whose owners are unknown shall be owned by the state. The receiving unit shall give praise or material rewards to the units or individuals who hand it over. Lost property, drifting objects or separated animals shall be returned to the owner, and the expenses incurred as a result shall be reimbursed by the owner.
The lawyer adds:
Is the discovery of lost property an unjust enrichment?
It doesn't belong. Finding lost property is different from unjust enrichment, where the lost property loses its original owner and does not cause damage to others, while unjust enrichment is an act that damages the interests of others and benefits oneself. Unjust enrichment refers to the fact that there is no legal reason to cause damage to others and benefit oneself, and there is a causal relationship between requiring others to cause damage and one's own benefit. In the case of lost property, according to the relevant regulations, the finder does not acquire ownership, but only has the necessary right to claim expenses, and has the obligation to keep and report. Since the discovery of lost property does not meet the constitutive elements of unjust enrichment, it is said that the found lost property is not unjust enrichment. If the finder causes the loss of the lost property after the discovery of the lost property, the owner loses the ownership of the subject matter based on the loss of the subject matter, and can no longer exercise the right to claim in rem, and can only exercise the right to claim for damages based on the debt of unjust enrichment or the right to claim damages based on the debt of infringement.
[Laws and Regulations].
Article 312 of the Civil Code of the People's Republic of China.
The owner or other right holder has the right to recover the lost property. If the lost property is in the possession of another person through transfer, the right holder has the right to claim damages from the person without the right to dispose of it, or to request the transferee to return the original property within two years from the date on which he knew or should have known about the transferee; However, if the transferee purchases the lost property through auction or from a qualified business operator, the right holder shall pay the fees paid by the transferee when requesting the return of the original item. After the obligee pays the fees paid to the transferee, it has the right to recover from the person without the right of disposition.