How is a person legally determined to be missing?

Updated on society 2024-03-16
17 answers
  1. Anonymous users2024-02-06

    According to Chinese law, if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court for him to be a missing person. The following three conditions must be met for a declaration of disappearance:

    Declared missing. 1) Subject conditions: The interested party must apply to the people's court. Interested persons include spouses, parents, adult children, grandparents, siblings, and citizens and legal persons who have civil rights and obligations with the person declared missing.

    2) Subject Matter Conditions: 1There is a fact that his whereabouts are unknown. In the event of floods, **, wars, etc. If you know that someone is in a certain place, even if you haven't returned for a long time, you can't consider it missing.

    Legal Proceedings :

    1) Subject to application by interested parties.

    Interested parties applying for a declaration of disappearance include the spouses, parents, children, siblings, grandparents, grandchildren, grandchildren, and other persons who have civil rights and obligations with the respondent.

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

    The General Principles of the Civil Law stipulate that if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court for a declaration that he is missing. Whereabouts are unknown during the war, and the time of unaccounted for is counted from the date of the end of the war.

    3) It must be declared by the people's court through legal procedures.

    2.Two years must have been missing for at least two years. Where their whereabouts are unknown during the war, the time of their whereabouts is unknown is counted from the date of the end of the war.

    3) Formal conditions. Applications must be in writing and cannot be made orally. The people's court must declare the person missing in accordance with legal procedures, and no unit or individual has this right.

  2. Anonymous users2024-02-05

    I know he's on Earth. Is it missing?

  3. Anonymous users2024-02-04

    1.If you suddenly disappear, you should call the police immediately, and when you call the police, you should call the police on the grounds of the safety of the other party and get help. Many friends make mistakes in the way they report to the police, and they always use the other party's loss of contact and disappearance as the main reason for reporting the case, so they often don't get the help they deserve, because no one has the right to interfere with the departure of an adult.

    2.If you are looking for a child, the time is urgent, it is recommended to call the police first, and then contact immediately, looking for someone, headline search, etc. Use their user base to quickly push missing person notices to people in designated areas.

    If you are looking for friends, comrades-in-arms, benefactors, etc., what are the methods and ways to look for?

    Because people like this kind of people looking for people are relatively not like looking for relatives, which is very urgent. This requires us to look for it calmly.

    1.The information of the missing person notice is posted on the Internet, and many people on the platform choose by themselves.

    3.Through the enterprise query software, you can directly enter the name of the other party to query, and the company and address of the other party will be displayed.

    4.If conditions permit, you can entrust a professional tracing team and platform to search, and the tracing notice will cover the whole network, eliminating the need to publish them one by one. Similarly, the tracing team can also arrange professionals to search for people in person.

    5.Ask each other's friends more, especially looking for classmates and comrades-in-arms. Since we started out as a collective, everyone who knew each other was connected, and it was very likely that your other friends would be able to connect with each other.

    The scope of online tracing is too wide, and the above are the most common and easy tips that everyone can learn. I don't dare to guarantee that I will be able to find someone and it will work. It also depends on the actual situation.

    If the conditions are possible, you can also directly entrust a professional tracing team to find people, after all, each line has an expert in each line. The efficiency and methods of tracing people are much better.

  4. Anonymous users2024-02-03

    If a person is missing, you must file with the relevant public security department in time.

    In this way, specific information on missing persons is queried. In most cases, the police will file the missing person and the person, and there will also be a national network, which is a feasible way to search for the missing person.

    Legal basis: Article 40 of the Civil Code stipulates that if a natural person's whereabouts have been unknown for two years, the interested party may apply to the people's court for a declaration that the natural person is a missing person.

    Article 41 stipulates that the time during which a natural person's whereabouts are unknown shall be calculated from the date on which he or she has lost his or her news. Where their whereabouts are unknown during the war, the time period 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.

    If you lose contact for 24 hours, you can report the incident.

    1. The salient characteristics that meet the six aspects of filing a case of disappearance: There are obvious traces of infringement at the scene of the disappearance.

    2. The person and the motor vehicle are missing at the same time or a large amount of property is missing.

    3. There are witnesses proving that the missing person has been violated.

    4. The missing person had major conflicts or disputes with others before his or her disappearance.

    5. Missing under the age of 14 for more than 48 hours.

    6. The reason for the disappearance is unclear and they have not returned for more than 3 months.

    II. Where a natural person is declared missing, the following conditions must be met:

    1. The natural person has been missing for two years.

    2.Interested parties of missing natural persons submit an application to the people's court. 3. The people's court shall make a declaration in accordance with the procedures prescribed by law.

    After receiving an application from an interested person, the people's court shall issue a public notice to search for the person whose whereabouts are unknown, and the public notice period shall be 3 months. Where there is still no whereabouts after the completion of the public notice period, a judgment is to declare that the natural person is a missing person.

  5. Anonymous users2024-02-02

    Hello, missing persons generally have a police record, you can go to the local public security organs to inquire, or go to the newspaper to find, in addition, you can through Weibo, WeChat, post bar, circle of friends, various forums on the Internet and other ways to mobilize your relatives and friends, friends to help you find, but also through some professional tracing platforms on the Internet, such as baby home, tracing relatives, today's headlines, etc., can help you find the person you want to find. If you have a clue, you can call 10 or go to the local police to report to the police.

  6. Anonymous users2024-02-01

    What to do if a person is missing? That's fine. Alarm. Then go to the relevant department to see him. Have you ever taken the bus to buy a ticket?

  7. Anonymous users2024-01-31

    Legal analysis: If a person is missing, it can be found by calling the police or ID number, and the public security organs have the obligation to protect the safety of people's lives, but whether they can find the person needs to be determined according to the actual situation.

    Legal basis: Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs

    Article 171:The public security organs shall promptly conduct a review of accepted cases or criminal leads discovered. Where case facts or leads are unclear discovered during review, when necessary, a preliminary investigation may be conducted with the approval of the responsible person for the case-handling department. During the course of the preliminary investigation, the public security organs may, in accordance with relevant laws and provisions, employ measures that do not restrict the rights of the subject of the investigation, such as questioning, inquiry, inquest, evaluation, and collection of evidence materials.

    Article 175:Where, after accepting a case, public security organs find upon review that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their jurisdiction, they are to file the case with the approval of the responsible person at the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.

  8. Anonymous users2024-01-30

    Summary. Hello dear, I'm glad to answer for you: if a person is missing, the police can find it.

    You can call the police. 1.If no one can be contacted, it means that the person is not missing, and such cases will not be accepted; 2.

    As long as they are missing, they can report to the police at any time, and if they are minors, the public security organs shall immediately and promptly carry out investigations. 3.The task of the police is to maintain social order and protect the personal safety of citizens, and the disappearance of the elderly is a social security case, so they can call the police at any time.

    Hello dear, I am happy to answer for you: If a person is missing, the police can be found. You can call the police.

    1.If no one can be contacted, it means that the person is not missing, and this kind of case will not be accepted; 2.As long as they are missing, they can report to the police at any time, and if they are minors, the public security organs should immediately and quickly carry out investigations.

    3.The task of the police is to maintain social order and protect the personal safety of citizens, and the disappearance of the elderly is a social security case, so they can call the police at any time.

    Article 40 of the Civil Code: Where a natural person's whereabouts 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. **24 hours before the investigation or filing of the case.

    However, it is not easy to file a case, because the filing of a criminal case is a very complicated matter, and it cannot be revoked if it is established, and it requires a large number of police officers to come up with it. Therefore, if you cannot provide sufficient reasons for filing a case, the general public security organs will lack the basis for filing a case, and they will not file a case, and will only give necessary assistance to citizens after reporting the case.

  9. Anonymous users2024-01-29

    If a person is missing, the most likely thing is that he was abducted by someone else, or he got lost when he went out, that is, he couldn't find his way home.

    It's also possible that he deliberately hid. And angry at home, pranks.

    Something. <>

  10. Anonymous users2024-01-28

    The first one is sad emotionally, the second is a thwarted career, the third is hurt inside, the fourth is an introverted personality, the fifth is divorced, and the sixth is a big family event, I wish you a happy day and everything goes well.

  11. Anonymous users2024-01-27

    I just don't want people to find him.

  12. Anonymous users2024-01-26

    Summary. Hello, as long as you don't deliberately don't contact you, you can call the police if you've been missing for so long.

    If a person is missing, how should I find her?

    Hello early imitation, I am asking the emotional field to answer the main emotional brother, good at marriage and family, love, psychology, interpersonal communication and other directions. Your question I have received, please give me a few minutes to write the answer, close the door then I am not a robot, please do not end the order, thank you car!

    Hello, if a person is missing, first dial **, and then Kai asked his friends to call the police at the end. If you want to find a missing person, dialing ** shirt is the first thing that comes to mind, and then contact relatives and friends around him to help find it, and then you can call the police for more than 8 hours. I hope mine is helpful to you.

    or cavity. Missing for three months.

    Missing for three months.

    Hello, as long as you don't deliberately don't contact you, you can call the police if you've been missing for so long.

    Good. Good.

    Thank you. Thank you.

    You're welcome, I hope we can find the missing person soon.

    Thank you very much for your consultation, I hope I can help you, if you have any needs for the shirt, you can consult me, I will definitely answer patiently for your bridge pants, I wish you a happy life. or destart.

  13. Anonymous users2024-01-25

    1. Effectively dial 110 to call the police.

    In the event of an emergency, when the public security organs need to come forward to protect their personal or property safety, the first time everyone is to call 110 to call the police** and ask the people's police for help, but in real life, the effective police received by 110 account for a low turnover, and a large number of invalid alarms and harassment ** block this "lifeline". We need to be cautious and effective in calling the police, and leave enough time for those who really need help.

    2. SMS alarm to meet special needs.

    SMS sending method: After using the mobile phone SMS, send it directly to 12110. The police reply to the text message receiving number is also 12110.

    Now most of the 110 alarm system around the country has started the WeChat alarm system, if you want to use, you must first pay attention to the local 110 WeChat platform (such as: Guangxi 110), after entering the ***, select the alarm report, according to the requirements to enter the region, name, **, ID number, upload**, ** and alarm content after confirming the submission to complete the alarm.

    Precautions for reporting to the police station:

    1. After arriving at the police station, go to the duty room of the police station, and the police will ask you if you need help, and then you will tell you about the illegal violation. The police will formulate a corresponding report record according to the type of victimization situation, such as public security, criminal, etc.

    2. When making a record, it is necessary to explain clearly what the police are asking about, express it clearly, and finally sign and stamp, and then the police station will report to the sub-bureau for review, and the police station that meets the conditions for filing a case will file a case.

    3. After the police station files the case, it will conduct an investigation, and pay attention to keeping it smooth, so that the police can find you at any time to cooperate with the investigation and inform you of the progress of the case.

  14. Anonymous users2024-01-24

    The way to deal with the missing person is to report the case and ask for a search. **If you want to investigate, you must meet the criteria for filing a case before you can file a case.

  15. Anonymous users2024-01-23

    Missing, first of all, take a look at how long he has been, and then you can make a report according to the situation, and then you can go around your house, or some places he often goes to do a relevant search to see the specific situation.

  16. Anonymous users2024-01-22

    What to do if a person goes missing? It depends on the reason for his disappearance. Is it because he doesn't want to see you anymore, or is this person just missing?

    If it's a real disappearance, you can call the police for help. And tell the police what you know about the reason and some clues. You'll be able to find people faster.

  17. Anonymous users2024-01-21

    How long has he been missing, he can contact his parents or friends, and if he still can't find anyone, he can call the police and seek legal assistance.

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