The System Of Declaration Of Death

The trial work of the judge is inconvenience because of quite a little law, but also can not regulate the malicious behavior of the interested parties. This paper collected and analysis the typical case to expose the blank of the current legislation about the system of declaration of death.This paper consists of three parts, the defect about the condition of declaration death and how to prefect; the defect about the legal consequences of declaration dead and improvement; the defect about the system revoking the declaration death and improvement; consummation.The first part analysis the provisions on the system of declaration death existing defects and improve.The author believes that the period specified for four years of the declaration death is too general,without regard to the elders of survivability is low and do not have the flexibility; redefined the declaration of death of an interested person to prevent spouse from dominating the request right and damage other people’s interests; given Procuratorate apply for declaration of death right in particular circumstances;to make the missing person’s time of death determination legal missing during expiration date.The second part analysis the legislative defect about the declaration of death caused a series of legal consequences, declaring death does not lead to the termination of the civil rights ability; it is inappropriate that declaration of death led to the marriage relationship eliminate relatively, it infringed spouse’s marital autonomy; the blank that declared death in personal insurance legal relationship.declaration of death shall not extend to the area of public law, to avoid the suspect by the interested parties to apply for declaration of death to avoid legal action, as well as the victim’s death can cause the suspect get legal punishment.The third part analysis the defects and perfection about revocation declaration of death. The provisions of the declaration of death has been revoked, if the spouse had not remarried, the original marriage restoration, or destroyed, but not to the missing people still live and remarriage behavior in others.The author believes that regardless of whether the former spouse to remarry, the original marriage relationship destroyed; the spouse has remarried, new marriage valid,the missing person does not know that he(she) has been declared death or knowing but his (her)spouse has not remarried,he (she) forges a new relationship to others, constitute bigamy.