Civil Procedure Law - Cases for Declaration of Missing Status or Presumed Death

(The following clauses are selected from The Civil Procedure Law of the People's Republic of China authored by Robert Zhang and Steve Li, international arbitration lawyers registered in Shanghai, China.)

Article 190 Where the whereabouts of an individual have been unknown for 2 years, an interested party may file a petition with the people's court in the jurisdiction where the domicile of the individual is located for a declaration of the missing status of the individual.

The petition shall state the fact that the individual has been missing, since when he has been missing, and a request for a declaration of his missing status, accompanied by a written certificate issued by the police authority or any other competent authority proving that the whereabouts of the individual have been unknown.

Article 191 Where the whereabouts of an individual have been unknown for 4 years, or for 2 years due to an accident, or have been unknown due to an accident and it is proved by the competent authority that the individual is unlikely to survive the accident, an interested party may file a petition with the lowest people's court in the jurisdiction where the domicile of the individual is located for a declaration of his presumed death.

The petition shall state the fact that the whereabouts of the individual have been unknown, since when his whereabouts have been unknown, and a request for a declaration of his presumed death, accompanied by a written certificate issued by the police authority or any other competent authority proving that the whereabouts of the individual have been unknown.

Article 192 After accepting a petition for a declaration of the missing status or presumed death of an individual whose whereabouts have been known, the people's court shall issue a public notice to find the individual. The period of public notice shall be 3 months in the case of a declaration of missing status and 1 year in the case of a declaration of presumed death. Where the whereabouts of an individual have been unknown due to an accident and it is proved by the competent authority that the individual is unlikely to survive the accident, the period of public notice for declaring his presumed death shall be 3 months.

Upon expiry of the period of public notice, the people's court shall make a decree to declare the missing status or presumed death, as the case may be, if the facts as the basis for the petition are confirmed, or to dismiss the petition if the facts are not confirmed.

Article 193 Where an individual who has been declared missing or dead reappears, the people's court shall vacate the declaration upon a petition by the individual or an interested party.