I was given a phone and when i try to use it its activation locked i have no way of getting a hold of the previous owner

There is a path to gain access if someone has passed away, but you have to be a family member.

How to request access to a deceased family member's Apple accounts - Apple Support

Apple doesn't need to rethink anything about their 'solution when it comes to people obtaining a used phone'

Those people simply need to educate themselves better and make sure that the iPhone they are obtaining has been properly reset. Activation lock is a theft deterrent. Making that process easier or able to be circumvented will only make iPhones a more appealing thing to steal.

I know that may be a harsh thing to hear, especially if you are new to iOS devices. But it's reality.

Whenever purchasing a used iPhone, the previous owner needs to go thru this procedure.

What to do before you sell, give away, or trade in your iPhone, iPad, or iPod touch - Apple Support

Then you should never purchase a used iPhone (or iPad) unless it's from a reputable place that you could return it to if something is wrong.. or you have personally laid eyes on the device and it powers on to the Hello screen in assorted languages.

If you don't have the activation lock credentials, as I said, you will not be able to use the iPhone. Nothing to do with anyone being naive.

if you want to use the iPhone, you'll need help from the previous owner. there is no other way

How to remove Activation Lock - Apple Support

I want to return this phone to it's owner. How can i go about doing this?

If there is a lost message on the display with the persons number..

If no message is displayed, then turn it into a 'lost and found' where you found it, or turn it into your local authorities.