Picking up "Gold" does not provoke the lawsuit of the court's judgment should be compensated
Author:Sichuan rule of law Time:2022.07.19
Picking up gold is a traditional virtue of the Chinese nation. However, after the citizen of Dazhou was unlimited to pick up other people's mobile phones, he not only did not take the initiative to return, but also discarded his mobile phone when the owner came to the door, which added a series of troubles and caused a lawsuit.
Pick up the phone and not return to become the defendant
In July 2021, Zhao, who lived in Dachuan District, Dazhou City, accidentally lost his phone when he went out. After the mobile phone was lost, Zhao returned to find immediately, during which no one called the phone to answer many times. Subsequently, Zhao found near Han's house through the mobile phone positioning, and remotely control the mobile phone to start the ringtone reminder function. According to the ringtone, the phone was determined in the building where Han lived. Zhao knocked on the door and asked Han, and Han said that he did not pick up Zhao's mobile phone. Zhao immediately called the police. Before the police arrived, the mobile phone positioning suddenly moved to another community. Under the inquiry of the police, Han admitted that he had picked up his mobile phone, but he had thrown away his phone. The next day, Zhao learned that the last position of his mobile phone was located near Han's son's residence. According to the mobile phone recovery function reminder, the mobile phone has been turned on three times. Zhao Moui communicated with Han again, but Han insisted that his mobile phone had been discarded. In desperation, Zhao sued Han to the court and asked Han to compensate for economic losses of 5,000 yuan.
If improper refusal, you must take responsibility
The court considers that the lost objects should be returned to the right holder. The person who picks up shall promptly notify the right holder to receive, or send it to the relevant departments such as public security. Before the person who lost the matter was sent to the relevant departments, the relevant departments should properly keep the lost objects before the loss of the object. If the loss or loss of the loss and loss of the loss or the loss, the civil liability shall bear civil liability. In this case, after Han's mobile phone was picked up, he should properly keep the loss and return the loss at the request of the owner. At present, Han's refusal to return the loss, and said that the loss has been discarded. The behavior has damaged Zhao's legitimate rights and interests. Now Zhao's prosecution requires Han to compensate for economic losses. It has the facts and legal basis, and the court supports it. In the end, the court ruled that Han would compensate Zhao's economic loss of 5,000 yuan. After the sentence was pronounced, neither side appealed.
The judge reminded that picking up gold is not only the traditional virtue of the Chinese nation, which requires us to inherit and carry forward. At the same time, it is also a compliance with the law. It is not possible to attempt the loss of things as their own.
Wu Tong Sichuan Rule of Law Daily-Rule of Law Sichuan News Client Reporter Tan Bielin
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