大妈捡到手机后，索要感谢费不成直接摔碎手机，你怎么看？
捡到手机归还失主本是好事，首先索要感谢费已经是厚着脸皮了，还要钱财，人家不给你就把手机给摔了，摔了就成了你的错了，呵呵，你捡到人家手机人家给你多少是心意，你摔手机就是你的错了，道德问题，当然也不能以偏概全，社会上还是好人多！人操好心，好路等人！
大妈索酬未果怒摔所捡手机犯法了吗？
据媒体报道，2018年6月19日，在浙江宁波，小徐丢了一部苹果7手机，联系上捡到手机的某中年妇女后，对方开口索要酬谢费。双方见面后，为表达谢意，小徐送上了一筐杨梅，但说最多给一些酬谢费，对方一口回绝，无奈之下小徐报警。见小徐报警，中年妇女气愤之下，用力将手机摔在地上，手机屏幕被摔碎。这一事件引发了网友热议，中年妇女备受舆论道德谴责。
因报酬数额分歧协商未果，见失主报警，拾到者直接将手机摔碎。
无独有偶。2018年1月，一个“丢狗半月找回爱犬尸体，捡狗人索酬不成摔死小狗”的事件，也引发了网友关注。类似的事件时有发生，关于拾金不昧及拾物索酬的道德、法律问题，讨论不断深入。
“拾得遗失物，应当返还权利人。”物权法明确作出这样的规定，也就是说失主要求归还时，拾得人有归还义务。在小徐要求归还手机时，中年妇女首先要做的是归还手机，而不是索要酬谢费。失主要求归还，拾得者却拒不归还的，就属于不当得利，可以通过民事诉讼要求返还。在归还过程中，如果小徐愿意的话，可以给中年妇女一定的酬谢费；如果小徐不愿意，中年妇女不可强行索要。物权法也并未规定拾得人有获得酬谢金的权利。但是，如果失主悬赏寻找遗失物的，拿回遗失物时应按承诺支付报酬给拾得人。
不可否认，拾得人在保管、送还遗失物的过程中也可能会产生一定的费用。为此，物权法第条规定，权利人领取遗失物时，应当向拾得人或者有关部门支付保管遗失物等支出的必要费用。也就是说，如果为了归还手机耽误了中年妇女的工作或者支付了乘车费用等，中年妇女有权向小徐索要这一部分费用。但从目前公开的视频和媒体报道的信息来看，在小徐提出给一些的情况下，中年妇女仍索要多一些酬谢费，明显超出了“必要”的范畴。
不少人认为，中年妇女的行为可能涉嫌侵占罪、敲诈勒索罪和故意毁坏财物罪。那么，拾得遗失物拒不归还、索要酬金未果而毁坏遗失物，会有怎样的法律后果呢？
拾得遗失物拒不归还涉嫌侵占，是否构罪要看数额。刑法第条规定，将代为保管的他人财物非法占为己有，数额较大，拒不退还的，处二年以下有期徒刑、拘役或者罚金；数额巨大或者有其他严重情节的，处二年以上五年以下有期徒刑，并处罚金。根据浙江省办理侵占案件立案追诉标准的规定，侵占数额2万元以上不满10万元，属于侵占罪“数额较大”的构罪标准。小徐的手机是一部苹果7，价值应该低于2万元，也就是说中年妇女的行为还不构成侵占罪。另外，侵占罪的成立以行为人非法占有为前提，从中年妇女接小徐的电话、索要酬金等一系列行为来看，其主观上并无非法占有手机的目的，只是想索要不合理的酬谢费。
“敲诈勒索公私财物，数额较大或者多次敲诈勒索的，处三年以下有期徒刑、拘役或者管制，并处或者单处罚金……”刑法第条对敲诈勒索罪进行了规定。对于该罪，除了国家统一标准，各地还可以根据经济发展情况确定数额标准。从中年妇女索要酬谢费到说“我宁可摔坏了，也不会给你的”，再到用力将手机摔在地上，不难看出其主观上有敲诈勒索的故意、客观上存在勒索的行为，但根据浙江省办理敲诈勒索案件立案追诉标准规定，敲诈勒索公私财物价值的属于数额较大，就是说中年妇女索要钱的行为还达不到立案标准，不构成敲诈勒索罪。但依据“两高”关于办理敲诈勒索刑事案件适用法律若干问题的解释规定。亦即，如果此事发生在经济欠发达地区，行为人的行为就可能涉嫌敲诈勒索罪。
此外，索要酬金未果而故意毁坏遗失物这一行为，可能涉嫌故意毁坏财物罪。刑法对于故意毁坏财物罪同样有数额较大、数额巨大或者有其他特别严重的情节的规定，除了国家统一标准，浙江省办理敲诈勒索案件立案追诉标准规定。小徐的这部苹果7手机究竟价值几何，还需专业部门就手机现有实际价值、损坏程度进行鉴定，如果实际损失超过较大价值，中年妇女涉嫌故意毁坏财物罪，等待她的可能是刑事处罚。即便小徐的实际损失没有达到太大，数额较小，中年妇女也可能面临治安处罚。根据治安管理处罚法第26条规定，强拿硬要或者任意损毁公私财物的，处五日以上十日以下的拘留，可以并处罚款；情节较重的，处十日以上十五日以下的拘留，可以并处罚款。
After the aunt picked up the mobile phone, she asked for a thank-you fee and broke the mobile phone directly. What do you think? Picking up a mobile phone and returning it to the owner is a good thing. First of all, it is already shameless to ask for a thank-you fee, but also money. If people don't give it to you, they will drop it. If they drop it, it will be your fault. Ha ha, if you pick up a mobile phone, how much they give you is your intention. If you drop a mobile phone, it will be your fault. Moral issues, of course, can not be generalized. There are still many good people in society! People worry about good heart, good road and so on! Is it illegal for the aunt to throw the mobile phone she picked up when she failed to ask for a reward? According to media reports, on June 19, 2018, Xiaoxu lost an Apple 7 mobile phone in Ningbo, Zhejiang Province. After contacting a middle-aged woman who found the phone, the other party asked for a reward. After the two sides met, in order to express their gratitude, Xiaoxu sent a basket of bayberries, but said that at most some reward fees, the other side refused, but Xiaoxu called the police. Seeing Xiaoxu's alarm, the middle-aged woman angrily threw her mobile phone on the ground, and the screen of the mobile phone was broken. The incident triggered a heated discussion among netizens, and middle-aged women were condemned by public opinion and morality. Because of the disagreement on the amount of remuneration, the owner called the police and the finder broke the mobile phone directly. Coincidentally. In January 2018, an incident of "losing the dog for half a month to recover the body of the dog, and the dog picker failed to ask for a reward to kill the dog" also attracted the attention of netizens. Similar incidents have occurred from time to time, and discussions on the moral and legal issues of collecting money and collecting things for reward have been deepening. "The lost property found shall be returned to the obligee." The Property Law clearly stipulates that when the owner requests the return, the finder has the obligation to return it. When Xiaoxu asked for the return of the mobile phone, the first thing the middle-aged woman had to do was to return the mobile phone, not to ask for a reward. If the owner asks for return but the finder refuses to return it, it belongs to unjust enrichment and can be returned through civil litigation. In the return process, if Xiaoxu is willing, the middle-aged woman can be given a certain reward fee; if Xiaoxu is unwilling, the middle-aged woman can not be forced to ask for it. The Property Law does not stipulate that the picker has the right to get the reward. However, if the owner offers a reward for finding the lost property, the reward shall be paid to the finder as promised when the lost property is recovered. It is undeniable that the finder may also incur certain expenses in the process of keeping and returning the lost property. For this reason, Article of the Property Law stipulates that when the obligee receives the lost property, he shall pay the necessary expenses for the custody of the lost property to the finder or the relevant department. That is to say, if the middle-aged woman's work is delayed or the fare is paid in order to return the mobile phone, the middle-aged woman has the right to ask Xiaoxu for this part of the fare. However, according to the current public videos and media reports, middle-aged women still ask for more rewards when Xiaoxu offers some, which is obviously beyond the scope of "necessity". Many people believe that the behavior of middle-aged women may be suspected of embezzlement, extortion and intentional destruction of property. Then, what are the legal consequences of refusing to return the lost property, failing to ask for remuneration and destroying the lost property? Refusing to return the lost property is suspected of embezzlement, and whether it constitutes a crime depends on the amount. Article of the Criminal Law stipulates that whoever illegally takes possession of another person's money or property under his custody, if the amount is relatively large and he refuses to return it, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; if the amount is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. According to the provisions of Zhejiang Province on the standard of filing and prosecution of embezzlement cases, the amount of embezzlement is more than 20000 yuan but less than 100000 yuan, which belongs to the standard of "large amount" of embezzlement crime. Xiaoxu's mobile phone is an Apple 7, which should be worth less than 20000 yuan, that is to say, the middle-aged woman's behavior does not constitute the crime of embezzlement. In addition, the establishment of the crime of embezzlement is based on the premise of the perpetrator's illegal possession. Judging from a series of acts such as the middle-aged woman answering Xiaoxu's phone and asking for remuneration, she has no subjective purpose of illegally possessing the mobile phone, but only wants to ask for unreasonable remuneration. "Whoever extorts a large amount of public or private property or repeatedly extorts it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined.." Article of the Criminal Law stipulates the crime of extortion. For this crime, in addition to the national unified standard, all localities can also determine the amount standard according to the economic development. From a middle-aged woman asking for a reward fee to saying "I'd rather break it than give it to you", and then to throwing her mobile phone on the ground, it is not difficult to see that she has the intention of extortion subjectively and the existence of extortion objectively, but according to the standard of prosecution for handling extortion cases in Zhejiang Province, the value of extortion of public and private property belongs to it. That is to say, the behavior of middle-aged women demanding money is not up to the standard of filing a case and does not constitute the crime of extortion. However, according to the interpretation provisions of the "two high" on several issues concerning the application of law in handling criminal cases of extortion. That is to say, if this happens in an economically underdeveloped area, the perpetrator's behavior may be suspected of extortion. In addition, the act of intentionally destroying lost property without asking for remuneration may be suspected of the crime of intentional destruction of property. Criminal law for the crime of intentional destruction of property also has a large amount, a huge amount or other particularly serious circumstances, in addition to the national unified standards, Zhejiang Province for handling extortion cases for prosecution standards. The value of Xiaoxu's Apple 7 mobile phone still needs to be identified by professional departments on the actual value and damage degree of the mobile phone. If the actual loss exceeds the larger value, the middle-aged woman is suspected of intentional destruction of property, and she may be subject to criminal punishment. Even if Xiaoxu's actual loss is not too large and the amount is small, middle-aged women may face public security penalties. According to Article 26 of the Law of the People's Republic of China on Administrative Penalties for Public Security, anyone who forcibly takes or arbitrarily damages public or private property shall be detained for not less than five days and not more than ten days, and may also be fined; if the circumstances are serious, he shall be detained for not less than ten days and not more than fifteen days, and may also be fined.