Research On The System Of Declaration Of Death

This dissertation consists of six parts: preface, choice of legislation mode of death declaration, terms of death declaration,legal sequence of death declaration, legal sequence of rescind death declaration and the close words.The first part is the preface of this paper, in which the meaning of missing is doubted. The author regards that the missing of natural person is not all the sequence of leaving from residence or habitation, and if we regard the uncertain state of leaving or death as missing, this will contradict with the social life. The author analyse again the relationship between the missing and death. In the end,the author puts forward his own opinion for the confirm of the missing meaning.In Chapter one,the author make the transition research on history develop death declaration and missing persons declaration, Which has close relation with death declaration. there is no death declaration system in ancient Roman civil law, however, there is property super intendance system of missing persons. In that time there is a developed system of "death deduce',in Germanic law. The Roman law and Germanic law has different system to pretect the missing person, so this two different legal traditions impact civil legislation in recent and mordent countries,Recently,there are mainly three modes in the world:French mode;German mode and Soviet Russia mode.Our Genl principles of the civil law has soviet Russia model of mixture legislation,but the contents of regulation are too simple,so we must reform this legislation mode.Chpter two is a total study on the perfection of terms of death declaration.Firstly,the author put forward how to provide reasonable legal period of missing. Secondly,he raises that there should be no sequence in application right for death declaration of the interested missing persons. Thirdly, in special circumstances,the people's procuratorates should has application right to death declaration. In the end, the author proofs the confirm for the dead time of the person who has keen declared for death ,and the author thinks missing persons declaration judgment sentenced by the people's courts must ascertain the concrete natural death date by the due legal period of missing, no matter in normal circumstances death time affirmation of missing persons or in a war or disaster.In Chpter three,the author probes into the effete of death declaration. Firstly, the author analyses the form of death declaration and suggests that civil law code must regulate the death declaration as death deduce. Secondly, the author makes a stress probe in sequence of death declaration in private law. The author thinks that death declaration can not terminate the capacity for civil rights of natural person in private law, what terminates is a part of civil legal relationship in a certain period. Thirdly, the author has studied the relationship between death declaration and public law, the author affirms that death declaration has no relation with public law, but in household administration, our register and transfer must follow the death declaration judgment of the people's court and the rescind death declaration, judgement. Chapter four probes the reason and legal sequence of rescind death declaration.Firstly, the author studies the reasons of rescind of death, states that the inconsistant of natural death time and deduce death time of the declared death person is one reason for rescind death declaration. Secondly, the author studies the effect of rescind death declaration, and draws a confusion that property right resume of rescind death declaration must coincide with different circumstances.but the marry relationship can not resume acctomaticly.The last part is close words of the paper ,the author makes a prosperous insight of death declaration system, The paper indicates that we must affect the death declaration system not only protect the profit of the interested persons of the missing person and protect the social public order, but also protect the civil right of the missing persons who are not dead in fact,and totally fulfill the right of civil body of everyone.