Research On The System Of Property Escrow For Declared Missing Persons

Our country's General Principles of Civil Law have established the coexistence mode of declaration of disappearance and declaration of death,and established the property agency control system for declaration of disappeared persons.However,in practice,the property agency control system for declaration of disappeared persons is null and void,and the system defects are obvious.However,there are few studies on this issue in academia,so this paper regards this system as the research object,reexamines the role of this system in the civil code from the perspective of the systematization of civil law,and makes a systematic analysis through the comparative study with other countries 'property surrogate control systems,trying to integrate the current property surrogate control system of declared missing persons in our country,in order to absorb and draw lessons from each other.On the basis of national experience,a relatively perfect proxy control system for the declaration of missing persons 'property should be established.The main body of this paper starts from the second chapter.The first part introduces the theoretical basis of the property escrow system of the declaration of missing persons,and the construction of any system can not be separated from the support of the theoretical basis.Therefore,this part introduces the theoretical basis,historical origin and the influence of the choice of various national legal models on the property escrow system,in order to better construct the property escrow system of the missing person on the basis of these theories.The third chapter of this paper expounds the current situation and shortcomings of the property escrow system of declaring missing persons under the current system of our country,and puts forward the necessity of this paper.Only when the imperfections of the legal system of our country are made clear,can the solutions be put forward in the following article.The fourth chapter of this paper introduces the property escrow system related to the declaration of missing property escrow system of foreign countries,trying to improve the property escrow system of the declaration of missing people in China by introducing various kinds of property escrow systems of other countries and learning from the experience and lessons.The fifth chapter of this paper is the focus of this paper,trying to expand the application subject of the property escrow system for declaring the missing person,allowing the public power represented by theprocuratorate to apply for the court to establish the property escrow system for declaring the missing person,standardizing the establishment method and selection standard of the property escrow person,specifically standardizing the performance content of the property escrow person,clarifying its rights and obligations,and constructing Property directory publicity mechanism.Of course,it is also necessary to build a relatively perfect supervision mechanism and the change mechanism of Property Custodian.To sum up,this paper hopes that through the study of the system of property escrow for the declaration of missing persons,the academic circles will pay attention to and study this issue,and jointly build a relatively perfect system of property escrow for the declaration of missing persons.g persons.