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店主发现顾客涉嫌盗窃,在何种情形下有权留置顾客的人身或财产,对这种留置权又有哪些限制,是与我们每个人的社会生活息息相关的重要法律问题。在我国立法对此问题没有规定,理论上和实践中亦是颇多争议的情况下,借鉴于美国法在这一问题上的长期发展和讨论,从美国的判例和立法两个方面分析其店主特权,对于给我国的立法和司法实践提供一些有价值的参考更显重要。
The owner is aware of the circumstances under which the customer is alleged to have stolen the property and the right to place on the person or property of the customer. What are the restrictions on such liens, which are important legal issues that are relevant to the social life of each of us. Under the condition that our country’s legislation does not stipulate this issue and is controversial both in theory and in practice, we draw on the long-term development and discussion of the U.S. law on this issue and analyze its owner from the precedents and legislation of the United States It is even more important to provide some valuable reference to our country’s legislation and judicial practice.