Dahe Daily·Yu Video Reporter Cheng Feihu
Recently, a man in Xuchang, Henan accidentally dug out a lot of "treasures" when he was renovating a sewer at home, including many 1, 2, 5-cent coins, and even many watches and jade ornaments. Mr. Shang, the person involved, said that the watch looks like it was from the 1970s and 1980s, but it has been damaged. As for the jade ornaments, it cannot tell the quality and craftsmanship of the jade ornaments, it is estimated that they are not very valuable.
But some netizens said that no matter whether it is worth it or not, these goods should be handed over to the country. So who will these belong to? Do you need to submit it? In this regard, a reporter from Dahe Daily and Yu Video interviewed a lawyer and gave a professional interpretation.
[The "mysterious cloth bag" accidentally dug out of his own sewer]
Mr. Shang introduced that day because the sewer at home was blocked, he brought tools to renovate the sewer. While digging, he suddenly found a cloth bag in the soil. He opened the cloth bag and poured it on the ground and saw that there were many coins inside, which surprised him and quickly called his family over to see it.
"Wow, this is actually rich!" The son next to him jumped up in excitement and found that there were 1, 2, and 5 coins inside. After counting carefully, it was a total of more than ten yuan.
In addition to coins, Mr. Shang also found several watches and jade pendants in the sewer. After washing them with water, he found that these watches and jade pendants were damaged. "The watch looks like it was from the 1970s and 1980s, but it has been damaged." Mr. Shang said, and he guessed it should not be too valuable. How to deal with these "baby" dug out from
? Mr. Shang said that these coins are very common in their hometown and are not valuable, so they are temporarily kept at home for storage. "Coins that are all 1-2-cent coins are not valuable, they are mainly happy for the children."
In response, some netizens said that when building houses in rural areas, they would sprinkle some coins in the corner of the foundation, which means a lot of money. Some netizens also said that these things are indeed worthless. The man has been working hard for a long time, but he is just in vain and is happy. Some netizens also said that reminding men whether they are valuable or not should be handed over to the country.
【Does the "baby" you dug need to be handed over? 】
Who will be the man who dug a "baby" in his sewer? Should I submit it to the country? What cultural relics can be submitted to the country without having to submit them to the country? In response to the above issues, a reporter from Dahe Daily Yu Video interviewed Liu Chaochao, a lawyer at Beijing Deheheng (Zhengzhou) Law Firm.
"Whether to submit it to the country, the key is to see what the pile of 'treasures' dug by the man belongs to law. Is it the main thing lost or deliberately buried by others? Or is it the unowned thing discarded by others? Or a cultural relic?" Lawyer Liu Chaochao introduced that according to Article 319 of the " Civil Code ", if citizens find drifting objects, find buried objects or hidden objects, the relevant provisions on the loss of objects shall be applied according to the relevant provisions of the people who find drifting objects, find buried objects or hidden objects. If otherwise provided by law, it shall be in accordance with such provisions.
First of all, the hard coin found by the man in the case is a legal RMB auxiliary coin unit in my country, and the damaged watches are also from the 1970s and 1980s. The hard coin and watches are not cultural relics. Please refer to the relevant regulations on the lost property found. Therefore, the man should return him to the right holder. If he does not know or cannot contact the right holder, he can send him to the public security and other relevant departments. The public security and other relevant departments will promptly issue an announcement of the lost property after receiving it. If no one claims the announcement within one year from the date of issuance of the found announcement, the lost property belongs to the state. As for other jade jewelry found by the man, if it is not a cultural relic, please refer to the above regulations.
Secondly, although my country's Civil Code and other relevant laws do not stipulate the system of preoccupation, preoccupation in life is retained in the form of habit. For example, common waste picking. According to Article 10 of the Civil Code, "Civil disputes should be handled in accordance with the law. If the law does not provide for it, customs can be applied, but they must not violate public order and good customs."
In other words, if this pile of "baby" is a homeless object abandoned by others and is an item that is not prohibited by law, a man can obtain ownership of this pile of "baby" through possession of this behavior and does not have to hand it over.
If the excavated object is a cultural relic, according to the provisions of the " Cultural Relics Protection Law ", all cultural relics left in underground, internal waters and territorial waters within the People's Republic of China belong to the state. The ownership of memorial buildings, ancient buildings and ancestral cultural relics that are collectively owned and privately owned, as well as other cultural relics obtained in accordance with the law, is protected by law. It can be seen that although cultural relics are restricted circulation, our country's laws do not prohibit individual citizens from legally owning them.
In other words, cultural relics can also be legally held privately or collectively. If they are legally held privately or collectively, just like other things, it is necessary to determine whether they are lost, buried, or abandoned.
If it is the former, it needs to be submitted to others, and if it is the latter, it also needs to be submitted, because there is no preemption of cultural relics, and their ownership is clearly stipulated and belongs to the state.
"It can be seen that the man does not need to hand over these 'treasures' that the man dug up is not cultural relics or other items prohibited by law and is a homeless object deliberately abandoned by others." Lawyer Liu said that citizens generally cannot know the right holder of the buried object and lack the ability to judge the nature of the buried object. Therefore, it is recommended that no matter what is excavated, citizens should promptly submit it to the public security and other relevant departments, otherwise they may have to bear corresponding legal responsibilities.
Source: Dahe Daily·Yu Video Editor: Ding Fenglin
