What are the consequences of picking up lost items from others? Recently, the Second Intermediate People's Court of Chongqing Municipality conducted a final judgment on a case in which a gold bracelet was refused to be returned. If the picker cannot return the returned object, the loss will be compensated according to the price.
Ms. Wu, who lives in Chengkou County, has a store that sells souvenirs. On September 28 last year, Wu female spent more than 7,000 yuan to buy a bracelet of more than 20 grams of gold, can be worn for a few days suddenly disappeared, looking around for unsuccessful.
Just when Ms. Wu was very depressed, someone told her that Wang, a three-year-old girl living in the county seat, had a gold bracelet and gave it to her mother, Ms. Zhang. Ms. Wu further inquired and confirmed that Ms. Zhang had held a gold bracelet to the county jewelry store to ask for true and false. Coincidentally, this store is exactly the shop where Ms. Wu buys bracelets. The reception staff recalled that when Ms. Zhang came to ask for the true and false, she felt that the gold bracelet was familiar, and then recalled that another lady had just bought it.
Ms. Wu found Ms. Zhang’s home and hoped to look at the bracelet but was rejected. Ms. Wu reported that when the police organized mediation between the two parties, Ms. Zhang insisted that the gold bracelet she had lost was not the same thing that Ms. Wu lost and refused to return it. Ms. Wu filed a lawsuit against the Chengkou County Court.
During the court hearing, it was found that Ms. Zhang did not submit evidence to prove that the gold bracelet she had picked up was lost, and that the gold bracelet was not taken out for inspection. She should bear the civil liability for returning the returned material. Because Ms. Wu believes that she lost her gold bracelet, she is also at fault. She only asks the other party to compensate for the loss of more than 5,000 yuan at 250 yuan/gram. Accordingly, the court of first instance ruled that Ms. Zhang returned the Ms. Wu bracelet, and if she could not return the object, she would be compensated for more than 5,000 yuan.
Ms. Zhang refused to accept the judgment and appealed to the Second Intermediate People's Court. The court of second instance upheld the original judgment. According to the law enforcement official, after Ms. Wu lost her gold bracelet, the police did not receive any other reports, and no other person in the local area reported the lost gold bracelet. Ms. Zhang did not submit the gold bracelet she had picked up, which prevented the judge from comparing the style and weight of the gold bracelet. In accordance with the relevant laws and regulations, Ms. Zhang, who has the burden of proof, should bear the adverse consequences.
The judge reminded that the lost items should be returned to the right holder or sent to the public security department. If the lost property is damaged or lost due to intentional or gross negligence, it shall bear civil liability.
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