On The Legal Consequences Of Human-induced Disappearance

The civil law provisions on missing persons include the system of declaration of disappearance and declaration of death. Therefore, in judicial practice, the judiciary sentenced due to missing results in cases without legal basis, the verdict in the unified situation. The main judicial mode:the result of death, does not calculate missing this result. The system of declaration of death in the civil law is the basis for criminal responsibility. The court presumed dead and then sentences. Strictly speaking, due to missing as a new presentation of non death and injured results, is not the research of substantive criminal law. It is the legal facts of criminal proceedings lacking of evidence to support. It is understandable that substantive law ignores the missing results. But in the recent years more and more criminal cases occurred due to missing results, there is no clear legal guidelines will cause confusion, judicial punishment of unfair results. Using the criminal law with regard to the missing regulations need to distinguish between different types of cases. Most cases in land belong to the accident cases. The hope of missing persons for survival in this kind of case is almost zero, equivalent to the death. The formation of the chain is of evidence is to prove the existence of the fact of death by collecting evidence. Therefore, this kind of cases need to identify missing persons have died. Then on the basis of the toll of death is essential for criminal responsibility. But the water case is not suitable to take the land pattern. The water environment is mobility and not closed. The collection of evidence and forming a chain of evidence to prove that the death means of evidence in the water environment is also very low. In order to protect the suspect’s life, right of freedom, we should add missing results into the judicial interpretation and make to be a crime results formed with death, serious injury. So it can guarantee the criminal acts which are investigated. It can also protects the right of criminal suspects.