我国立法目前对于遗失物的规定,较多倾向于道德层面。其立法目的在于以高尚的道德来约束拾得人的行为。但是客观上,并没有达到预期的目的。人们在“拾金不昧”与“路不拾遗”徘徊中,无法正确面对这个问题。法律作为调整社会关系的规则,由于规则的缺陷,导致这一社会关系无法正确的解决,也是目前法律需要亟待解决的问题。 At present, China’s legislation on the provisions of the lost objects tend to be more moral. The purpose of its legislation is to restrain the act of collecting people with noble morality. However, objectively, it did not achieve its intended purpose. People can not correctly deal with this issue when they are hovering in Law as a rule to adjust social relations, due to the rules of the defects, resulting in the social relations can not be properly resolved, but also the current law needs urgent solution.