Research On The System Of Declaration Of Death

Declaration of death civil law system is an important system, related to the missing person, significant interests and the stability of the social order of the interested parties, but simple, the limitations of legal migration, as well as the plight of the development of China's current judicial practice law, declared dead system in theory and in practice have encountered a lot of problems. So we chose this system as the research object, from the concept of the declaration of death institutional point of view, compare different overseas legislative style,reflect on our review of the provisions of deficiencies, which made the corresponding improvement proposals. The full text of this article includes introduction, body and conclusion of three parts, in which the body includes four parts:The first chapter defines binding scholars declared dead regime, through comparative analysis, summarized the declaration of death system is defined as meaning: after leaving the residence or domicile of a natural person, whereabouts unknown, and according to the actual situation, which is likely to have died, filed by the interested parties, the people's court in accordance with legal procedures, the legal presumption of death.We introduced the system of declaration of death of the conditions, a clear declaration of missing and declared dead relationship, reaffirming the value system of the declaration of death.Chapter II declared explore the historical development and changes in the source and death, comparing national systems of legislation regarding the declaration of death style.Summary of the main legislative model around the world, is presumed missing and declared missing system model, system model declaration of death, declared missing and declared dead system mode, review the declaration of death system model to analyze the pros and cons of various legislative background and place for our country in the development of Borrowing its essence of the place.The third chapter of the evolution of our system of declaration of death, to review and reflect on the declaration of death of the system deficiencies. Of 1986 to develop a "People's Republic of China Civil Code"(hereinafter referred to as the "Civil Law"), and in 1987 ourcountry, "the Supreme Court opinion on the implementation of People's Republic of China Civil Law Issues(Trial)"(hereinafter referred to as " People pass Opinion ") is modeled legislative style Russian Civil Code, although China's civil law of the Soviet Union in the Civil Code of the migration process made some changes and perfect, but because our lawmakers substantive study of the legislative background explants, purpose and spirit only stay on the surface, the lack of knowledge reserves, there is no accurate understanding of the history and theory of legal transplants mother, leading to transplant background, supporting transplant, transplantation track out of touch with the blank, many modifications slightly rough, leaving many drawbacks. Our main problem with the existing legislation performance;applicant scope and sequence set unreasonable, the right to apply the legislation on the prosecution whether people have proclaimed the death of the blank, to be perfect the legal system in China During the declaration of death, declared dead set to consider the effective time point defects or death has been revoked and its consequences is set to ignore the importance of human rights, it does not provide for review procedures and the legal consequences of malicious disappearance, proclaimed the death of the legal effect of setting too simple. And to propose changes to these deficiencies.The fourth chapter discusses the issue of declaring the death of the new regime encountered in the development, that declared the death as well as the issue of damages and insurance claims declared dead issue. They have put forward their views, declaring death and physical death as death can be used as grounds for damages fact occurred. However, on this basis, also we need to consider fault, causation constitute other liability conditions. Should be classified according to specific causes of death of the victim, such as in traffic accident,explosions and other accidents, the reasons for the death of missing persons is clearly a direct result of the behavior of the tortfeasor because, naturally should bear the corresponding liability for damages; but if you just failed to fulfill its obligations since lost custody, etc.,because there is no direct causal link between the conduct and the results, the missing person was declared dead largest factual basis that missing for too long, and therefore, this requires that the perpetrator can not bear the death of damages obligations. I believe that the death ofthe insured person declared dead belong among liability insurance, but it must be clear beneficiaries declared dead based on the insured to obtain insurance compensation for specific conditions, do proclaim the death of moral hazard prevention system.