評論
打印
Section 3 Declarations of Missing Persons and Death
第三節 宣告失蹤和宣告死亡
Article 20 If a citizen's whereabouts have been unknown for two years, an interested person may apply to a people's court for a declaration of the citizen as missing.
第二十條 公民下落不明滿二年的，利害關系人可以向人民法院申請宣告他為失蹤人。
If a person's whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall begin on the final day of the war.
戰爭期間下落不明的，下落不明的時間從戰爭結束之日起計算。
Article 21 A missing person's property shall be placed in the custody of his spouse, parents, adult children or other closely connected relatives or friends.
第二十一條 失蹤人的財產由他的配偶、父母、成年子女或者關系密切的其他親屬、朋友代管。
In case of a dispute over custody, if the persons stipulated above are unavailable or are incapable of taking such custody, the property shall be placed in the custody of a person appointed by the people's court.
代管有爭議的，沒有以上規定的人或者以上規定的人無能力代管的，由人民法院指定的人代管。
Any taxes, debts and other unpaid expenses owed by a missing person shall defrayed by the custodian out of the missing person's property.
失蹤人所欠稅款、債務和應付的其他費用，由代管人從失蹤人的財產中支付。
Article 22 In the event that a person who has been declared missing reappears or his whereabouts are ascertained, the people's court shall, upon his own application or that of an interested person, revoke the declaration of his missing-person status.
第二十二條 被宣告失蹤的人重新出現或者確知他的下落，經本人或者利害關系人申請，人民法院應當撤銷對他的失蹤宣告。
Article 23 Under either of the following circumstances, an interested person may apply to the people's court for a declaration of a citizen's death:
第二十三條 公民有下列情形之一的，利害關系人可以向人民法院申請宣告他死亡：
(1) if the citizen's whereabouts have been unknown for four years or
（一）下落不明滿四年的；
(2) if the citizen's whereabouts have been unknown for two years after the date of an accident in which he was involved.
（二）因意外事故下落不明，從事故發生之日起滿二年的。
If a person's whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall begin on the final day of the war.
戰爭期間下落不明的，下落不明的時間從戰爭結束之日起計算。
Article 24 In the event that a person who has been declared dead reappears or it is ascertained that he is alive, the people's court shall, upon his own application or that of an interested person, revoke the declaration of his death.
第二十四條 被宣告死亡的人重新出現或者確知他沒有死亡，經本人或者利害關系人申請，人民法院應當撤銷對他的死亡宣告。
Any civil juristic acts performed by a person with capacity for civil conduct during the period in which he has been declared dead shall be valid.
有民事行為能力人在被宣告死亡期間實施的民事法律行為有效。
Article 25 A person shall have the right to request the return of his property, if the declaration of his death has been revoked. Any citizen or organization that has obtained such property in accordance with the Law of Succession shall return the original items or make appropriate compensation if the original items no longer exist.
第二十五條 被撤銷死亡宣告的人有權請求返還財產。依照繼承法取得他的財產的公民或者組織，應當返還原物；原物不存在的，給予適當補償。
