What are the procedures for declaring a missing person and declaring a death?

Procedures required by law. According to article 1 of the Civil Procedure Law, after a people's court accepts a case of declaration of disappearance or death, it shall issue a public notice to search for a person whose whereabouts are unknown.

The period of declaration of disappearance is one month, and the period of declaration of death is one year. If the whereabouts of the citizen are unknown due to an accident and it is proved by the relevant authorities that it is impossible for the citizen to survive, the period for announcing the death shall be one month. At the completion of the public notice period, the people's court shall make a judgment declaring the disappearance or death or rejecting the application based on whether the facts of the declaration of disappearance or death have been confirmed.

According to the provisions of the Civil Procedure Law, an application for a declaration of disappearance or death shall meet the following conditions:

1 The applicant should be a person with an interest in the missing person.

2. The time of disappearance or the circumstances of disappearance shall be in accordance with the provisions of law. Where an application is made for a declaration of disappearance, the citizen's whereabouts must be unknown for two years. Where an application is made for a declaration of death, the citizen's whereabouts must be unknown for at least four years, or for two years due to an accident, or the citizen's whereabouts are unknown due to an accident, and it is proved by the relevant authorities that the citizen cannot survive.

3 Applicants are required to submit an application form. The applicant must submit an application to the people's court. The application shall clearly state the facts, time, and request for the disappearance or whereabouts unknown, and shall be accompanied by a written certificate from the public security organ or other relevant organ that the citizen's whereabouts are unknown.

4. Apply to the basic people's court of the place where the respondent is domiciled. Applicants applying to the people's court to declare a person whose whereabouts are unknown are missing or dead shall submit an application to the basic level people's court for the residence of the person whose whereabouts are unknown.

The conditions for the death and declaration of disappearance of Xuanxiao Shiji are as follows: 1. Where the whereabouts of a natural person have been unknown for two years, the interested party may apply to the people's court for a declaration that the natural person is missing. The period during which a natural person's whereabouts are unknown is calculated from the date on which he or she is lost from his or her news.

Where their whereabouts are unknown during the war, the time for which their whereabouts are unknown is calculated from the date of the end of the war or the date on which the whereabouts are determined by the relevant organs to be unknown; 2. Only if the person who has an interest in returning to Sakura submits an application for a declaration of death, can the people's court make a declaration of death in accordance with the law.

Civil Code of the People's Republic of China

Article 40: Where a natural person's whereabouts have been unknown for two years, interested parties may apply to the people's court to declare that the natural person a missing person.

Article 46: Where a natural person has any of the following circumstances, interested parties may apply to the people's court for a declaration of death of the natural person:

1) Whereabouts have been unknown for four years;

2) Due to an accident, the whereabouts have been unknown for two years.

Where the whereabouts of the natural person are unknown due to an accident, and it is proved by the relevant authorities that it is impossible for the natural person to survive, the application for a declaration of death is not subject to the two-year time limit.

A declaration of disappearance is not a mandatory procedure for declaring death. If the whereabouts of a citizen are unknown, the conditions for applying for a declaration of death are met, and the interested party can directly apply for a declaration of death without applying for a declaration of disappearance. However, where the interested party only applies for a declaration of disappearance, the disappearance shall be declared; If some of the interested parties in the same order apply for a declaration of death, and some do not agree to declare death, they shall be declared dead.

This article clearly stipulates that the declaration of disappearance is not a mandatory procedure for declaring death, and if the whereabouts of the citizen are unknown and the conditions for declaring death are met, the interested party can directly apply for a declaration of death without first applying for a declaration of disappearance.

Declaration of death refers to a system in which the court declares the whereabouts of a natural person to be unknown for a certain period of time upon the application of an interested party.

Conditions and procedures for declaring death:

1. It must be applied by interested parties.

1) Applicants include: spouse; parents, children;

2) Siblings, grandparents, grandchildren, grandchildren;

3) Other persons with civil rights and obligations.

Applications must be filed in this order, with the applicants in the first order having exclusive effect, and those in the earlier order being excluded in the lower order, and having equal rights in the same order.

2. The whereabouts of the respondent must be unknown for a certain period of time.

1) Whereabouts unknown for at least 4 years;

2) The whereabouts of the accident are unknown, and it has been 2 years from the date of the accident;

3) Accidental disappearance and death certificate obtained.

3. It must be announced by the people's court.

A declaration of death refers to a legal system in which a natural person leaves his residence and his whereabouts are unknown for a statutory time limit, and upon application by an interested party, the people's court declares his or her death.

In contrast to the purpose for which the system of declaration of disappearance was designed, the declaration of death mainly addresses the status of the entire civil legal relationship of the disappeared person, while the declaration of disappearance mainly addresses the management of the property of the disappeared person.

Therefore, the declaration of death focuses on protecting the interests of the interested parties of the person declared dead, while the declaration of disappearance focuses on protecting the interests of the missing person.

If your situation is more complicated,

Legal Analysis: The conditions for declaration of death and declaration of disappearance are as follows:

1. Where a natural person's whereabouts have been unknown for two years, the interested party may apply to the people's court to declare the natural person a missing person. The period during which a natural person's whereabouts are unknown is calculated from the date on which he or she is silenced. Where the whereabouts of Zhaojuxiao are unknown during the war, the time of the whereabouts is unknown is calculated from the date of the end of the war or the date on which the whereabouts of the relevant organs are determined to be unknown;

2. Only when an interested party submits an application for a declaration of death can the people's court make a declaration of death in accordance with law.

Legal basis: Article 47 of the Civil Code of the People's Republic of China: Where some interested parties apply for a declaration of death and some interested parties apply for a declaration of disappearance of the same natural person, and the requirements for declaration of death as provided for in this Law are met, the people's court shall declare the person dead.