Research On The System Of Declaration Of Death

It is common that people get lost in real life. But it may cause many other legal issues.For example the issue of protecting of the missing persons'property interests, the issue of protecting the relevant stakeholders' personal interests and property. In view of the missing brought a series of natural problems to be solved, most of the country in the world set up a system of declaration of death or declaration of disapperance.In our country there also is some rules about this issue distributed in General PrineiPles of Civil Law and many other relevant judicial interpretations. However, with the development of practice, most of the rules has many defects and deficiencies. Therefore, Research is needed to perfect this system, to better serve our Civil Code which is being drafted.This paper has six main component:the introduction, the overview of the system of declaration of death, the system of the declaration of death in foreign country, the insufficient of the system of declaration of death in china, suggestions of construction a new system about the disapperence naturals.Firstly, This article describes the meaning, the history and the elements of the system of declaration of death. Secondly, this article describes the declaration of death and disappearance system of foreign country. By two different legaltraditions, different countryies had formed a different legislative style, included the German-style system, the French-style system and the Soviet-declared system. Thirdly, the paper introduces the insufficient of declaration of death in china. The insufficient in theoretically mainly manifests in:Terms not scientific, Logical confusion and The lack of value.The insufficient in practice mainly manifests in:The Scope and Sequence of stakeholder, capacity and marriage of the missing person.At last, the paper proposes construction a new system which the subject system is the system of declaration of death that has been reformed, auxiliary system is property escrow and procuratorate declaration.