Does it count as theft for waiters to pack leftovers?

At first glance, it seems excessive, but on second thought, it seems that there is a special swill collector. Will they give the hotel money? If there is such a transaction, the restaurant will have the incentive to preserve the leftovers.

We say that the theft is aimed at the owner, so does the leftovers belong to the hotel?

First of all, food is purchased and consumed by customers from hotels, and customers enjoy complete disposal rights. It's up to the customer to eat here or take away, throw away or pack. If not, it will be discarded, and then the food will become ownerless.

Secondly, in the face of ownerless things and that the original owner gave up everything, it became who found who. At this time, even if the waiter found it, it was his, but because the hotel was closed, the customer was equivalent to throwing it to the hotel. If the hotel has the meaning of possession, the waiter becomes the possession of the hotel. In this case, he is an illegal comrade-in-arms.

Finally, it can be identified as illegal possession, but it is difficult to identify as theft, because the waiter can't think of such a legal effect, and he won't think that the restaurant wants this leftovers, but this analysis and judgment deviates from the daily value judgment and cannot be so identified.

Of course, the leftovers of high-end hotels have to be said separately, but no matter which hotel, it must explain the meaning of the hotel to the waiter in advance, otherwise it cannot be regarded as theft.

Is the person asking the question the devil? Or a law student!