Litigation

Applying for the declaration of a person as missing or dead

According to the relevant Chinese law, with respect to a citizen whose whereabouts are unknown for two years in full, a foreigner in China who is an interested party to the missing citizen may apply to the district people’s court in the locality where the missing person has his domicile for declaring the person as missing. For applying for declaring the person as missing, one shall submit an application, and the application shall clearly state the facts and time of the disappearance of the person missing as well as the motion, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.

With respect to a citizen whose whereabouts are unknown for four years in full or whose whereabouts are unknown for two years in full after an accident in which he was involved, or with respect to a citizen whose whereabouts are unknown after such an accident and upon proof by the relevant authorities that it is impossible for him to survive, a foreigner in China who is an interested party to the missing citizen may apply to the district people’s court in the locality where the missing person has his domicile for declaring the person as dead. For applying for declaring the person as dead, one shall submit an application, and the application shall clearly state the facts and time of the disappearance of the person missing as well as the motion, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.