依我国现行法律,如果遗失物的所有权人没有以悬赏广告等形式承诺给予遗失物拾得者报酬,遗失物拾得者无权请求报酬。现实生活中,曾有遗失物拾得者怠于归还或上交遗失物,以期待遗失物的所有权人做出悬赏承诺的事例。这也引发了在立法上确立遗失物拾得者报酬请求权的议论。本文认为法律制度的确立,不能不考虑与法律传统相吻合的问题。本文围绕这一问题,考察了我国唐明清以至民国时代的相关法律规定。虽然各朝代的法律规定不尽相同,但不妨碍得出遗失物拾得者报酬请求权与我国法律传统大体相吻合的结论。 According to the laws in force in our country, if the owner of the lost property does not promise to give a reward to the lost owner in the form of a reward advertisement or the like, the lost owner has no right to request compensation. In real life, there have been cases where the owner of the lost item failed to return or surrender the lost item in the hope of making the reward of the owner of the lost item. This also led to the argument that legislation should establish the right of remuneration of lost owners. This paper argues that the establishment of the legal system can not but consider the legal tradition and coincides with the issue. Based on this issue, this article examines the relevant legal provisions in the Tang, Ming, Qing, and Republican era. Although the laws and regulations of different dynasties are not the same, it does not hinder the conclusion that the right of remuneration of lost owners to the law tradition of our country is in general agreement.