Authored by Dr. Zhan Hao (zhanhao@anjielaw.com) and Kang Xin at AnJie Law Firm.
A declaration of death is a civil declaration that may be granted when a natural person is missing from his or her usual residence and his or her whereabouts have been unknown for the requisite period set by law, and for which an interested person may apply to the people’s court. Article 23 of the General Principles of the Civil Law of the People’s Republic of China provides that:
“Under any of the following circumstances, an interested person may apply to the people’s court for the declaration of a citizen’s death: (1) if the citizen’s whereabouts have been unknown for four years; or (2) if the citizen’s whereabouts have been unknown for two years after the date of an accident in which he was involved.”