The Research On The Systems Of Declarations Of Missing Persons

For the complicated modern social life, missing person, as a world problem, is an unavoidable issue concerning civil legislation in each country. Through a comparison among the declarations of missing persons in many countries, great difference could be detected on relevant system design and its time limit. Despite of the difference, all the countries mentioned here are identical in their seriousness on setting strict conditions for the declaration of death. The countries setting declarations of missing persons and declarations of death generally set another regulation that declarations of missing persons is not the necessary procedure to announcing death. General Principles of the Civil Law of the People's Republic of China sets that declarations of missing persons and declarations of death are two separate systems. In the past, the civil research on declarations of missing persons and declarations of death, offers almost similar and comparatively simplified explanation on it.The legal effect of long-term unexplained absence thus has become one of the important phases of the administration of law and of orderly procedure in social affairs. In this thesis, the focus will be put On the Comparison among Systems of Declaration of Missing Persons. The author applies different ways of analysis to explore the issue. Including introduction, the thesis has main four parts.By data, the introduction points out that the issue of missing person is now a world problem yet to be resolved, on the basis of data. The author talks about the practical significance and the writing purpose of the thesis according to data on cases of declarations of missing persons and declarations of death in the practice of judicial trial.Part two provides a brief historical recall on the legislation on the missing persons. It also makes further comparison and explanation on the systems of declaration on missing persons in other countries.Part three has detailed illustration on the declarations of missing persons and declarations of death respectively. It covers the conventions of legislation, particular examples of setting legislation in different countries and other aspects including the terms of application, the proposed result in the sense of law and the revoke of the declaration on the missing persons. The thesis tries to give an exploration on the problems concerning the two systems in the prospective of legal theory, in order to underlying the thesis development in the next part.The fourth part gives advices on legislation of declaration on missing persons. It describes the legislation on the declarations of missing persons and declarations of death in China and thus on the basis of the research on the present legislation and civil theory, provides the following advices. The applications terms on declaration of missing persons need to be improved to. make certain the rights and duties of the property custodian. The death time of the declared persons should determined by the time of jury. The People's Procuratorate must not have the application power of declaration of death. Increase the declaration of death potency in the insurance form contract the provision. Revise application cancellation condition of declaration of death. The malicious application is missing the person to announce the death, was announced is missing the person to have the cancellation power to its original spouse's second marriage. The announcement died and the same natural death equally to have the absolute potency which the marriage terminated. The announcement died the same natural death equally to have the absolute potency which the marriage terminated. After two years of juridical declaration of missing persons, to the application of correlative person, the declaration can be directly pronounced.