A female college student in Hefei, East China's Anhui province, left her mobile phone at the food pick-up area and was taken away by a man. The man, surnamed Geng, said Zhang would have to pay 2,000 yuan to get his phone back. On December 2, the girl in question told the news reporter that the phone not only had important information, but also photos of her deceased family, "He threatened me that he would swipe the phone without giving me money." The staff of the local police station said that the police had no right to force the man to return the mobile phone and suggested that the owner go to court to Sue.

Lawyers believe that the man not only has the obligation to return the mobile phone, but also the obligation to properly keep the mobile phone before returning it, and if the mobile phone is damaged or lost due to intentional or gross negligence, it should bear the corresponding legal responsibility. The man is advised to return the phone to the woman as soon as possible to avoid unnecessary legal liability.

First, a college student who left her mobile phone in a restaurant is the venue she will look for. Whoever it is, it's best not to move. If you take it, you should contact the owner or hand it over to the store. However, the man himself took it directly, and the mentality of subjective possession was very obvious.

Second, Article 317 of the Civil Code of the People's Republic of China stipulates the rights and interests of the right holder, the finder and the embezzler of the lost property. Among them, it is clearly stipulated that when the right holder receives the lost property, he shall pay the necessary expenses for keeping the lost property to the finder or the relevant department. The man demanded 2,000 yuan, which obviously exceeded the necessary expenditure. In addition, the relevant law also stipulates that if the finder encroaches on the lost property, he has no right to request expenses such as keeping the lost property, and he has no right to request the right holder to fulfill his obligations in accordance with the promise.

Some netizens believe that because female college students have important information in their mobile phones, the man's behavior of "swiping the phone without giving money" is a naked threat and suspected of extortion. In addition, his behavior after getting the mobile phone, there is a clear occupation mentality, and he still refuses to deliver the mobile phone after the police mediation, I am afraid that he has no right to collect fees.

Third, because of the mentality of the man, Geng Mou, plus his stalemate finally let go, promised to reduce 500 yuan on the basis of 2000 yuan, Zhang students took 1500 yuan he returned the mobile phone, and later went back, indicating that his word is not true.

In addition, Geng also contacted the restaurant and put forward a request for a few hundred yuan. From the provisions of laws and regulations, after Geng picked up the item, whether he wants to occupy or want to take the opportunity to earn a lot of money, it is a mistake.

It must be emphasized that if Zhang takes the legal route, Geng is sentenced to return the mobile phone, or Geng is liable for compensation for damage to the lost property, which means that his unreasonable ideas are not only impossible to succeed, but also may leave a moral stain. At the same time, we must see the plight of Zhang's rights protection. I have to say, going through the legal process takes a long time, and she may be physically and mentally exhausted.

It should be said that the chain of evidence before and after Geng's possession of other people's items is relatively complete, and the relevant departments have room for action to let Geng surrender his mobile phone. We also suggest that Mr. Zhang collect evidence in a timely manner, make legal preparations for taking the judicial route, and let those who take advantage pay the price.

In any case, the greedy mentality should not be, and taking advantage of petty advantages will only suffer great losses in the end, this is certain.