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the broken screen can be changed. Where is the broken heart?
时间:2019-01-07 查看:402 次

The network never lacks hot topics.


These two days saw a girl in Gansu province, triggered by the cheers of the onlookers, jumped off a high building from the hands of firefighters, leaving the society sigh in sorrows. When people were saddened with the indifference of the society, a middle-aged women in Ningbo threw the phone that she found in a fit of anger because she was rejected to be paid in return more than necessary by the owner.


In addition to swipe the news and Wechat on the mobile phone, what else can we do? In this self-media age, any occasional regional incidents can quickly spread to internet as a hot topic, and spark heated discussion.


In fact, the rapid spread of the hot topics were not fundamentally resulted from the cheering crowd, nor the "out of control spread" of self-medias, rather from the reflection of these events that touched the "moral conscience" and "legal bottom line" in the hearts of the people. Back to the throwing phone event, the girl who lost the mobile phone with a grateful heart would reward the finder with 500 RMB and a box of plums to express her gratitude, only to make the finder mad immediately as the offered reward fell far behind from her expectation. Looking at the broken mobile phone screen, we want to ask ourselves that the broken screen could be replaced, how could the broken heart be repaired?


The practice of the traditional virtue of returning property to its owner requires moral adherence and legal protection as well. "I found a penny on the way and handed it to a policeman" This children’s song sounds familiar to everyone and remains a repertoire for early childhood education. Why is this traditional virtue now facing severe challenges? Is it because that finder didn’t understand the children’s song or she just let her greediness gain a upper hand over the moral character so as to ask for money in turn matter-of-factly? But I have to admit that it is much easier to require others live up to the moral standard, than require oneself to resist the lure from the expensive lost valuables and wait for its owner to claim it? Of course, we believe that we will return to its owner if the lost item is expensive, but only self-disciplined people would do it.


In order to advocate our traditional virtues, is it possible to legislate to force the lost property’s owners to pay a certain fee to the finders? The Chinese law does not make similar provisions, but some developed countries, like Germany and Japan, provide laws that clearly stipulate that the finder can ask the owner to pay a certain percentage of the money as a reward. This kind of law itself is a kind of persistence and protection of traditional morality, and it does not conflict with the practice of the tradition of returning the lost property to its owner. On the contrary, it is not realistic to stand on the high ground of morality to ask others to do good deeds. Otherwise it is easy to confuse morals and laws. When it comes to law, talk about morality and when it comes to morality, go to the law! Therefore, from this this point of view, we must adhere to the good tradition of returning the owner its property, meanwhile the law should not be absent, instead, should catch up in time!


While encouraging the legislation, we must accept the fact that the lost property must be returned to the owner. Our country's relevant law clearly and strongly imposes this obligation on the finders. As stipulated in Article 109 of the Property Law, the lost property shall be returned to the owner. The finder shall promptly notify the owner to collect it, or hand it over to the public security and other relevant governmental divisions. If the finder refuses to return the lost item, the owner can request a return by civil action. In addition, if the amount of property is more than 20,000 RMB, crime of embezzlement may be constituted. Article 227 of the Criminal Law of the People's Republic of China stipulates if the occupier possesses illegally and refuses to return the true owner’s property valued a large amount of money, the person shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or be fined; if the property’s value is huge, or serious consequences are caused, the person shall be sentenced to fixed-term imprisonment of not less than two years and not more than five years, and shall be fined. However, the alleged intentional destruction of property by the mobile phone is another matter.


The latest progress of throwing hand phone case is that the local public security department of Ningbo issued an announcement stating that the two parties have reached a settlement. In the light of humanitarian perspective.



Ming Kun Fan

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