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Declaration of Presumed Death
Who may apply for a declaration of presumed death
Any interested party may file a petition with a court of competent jurisdiction for a declaration of the presumed death of a natural person. Such an interested party may be a family member, close relative, or any other person who has an interest in the person who is applied to be declared dead.
Conditions for a declaration of presumed death
A person may be declared dead if his whereabouts have been unknown for 4 years, or have been unknown for 2 years as a result of an accident. Provided, that if the competent authority has sufficient evidence to prove that such person is unlikely to survive the accident, the 2-year time limit shall not apply.
Petitions for declarations of presumed death and missing status
If petitions are filed for declarations of presumed death and missing status of the same person, and the conditions for a declaration of presumed death is satisfied, the person should be declared dead.
Date of death
If a declaration of the presumed death is issued by the court, the date on which the declaration is issued or the date of the accident resulting in the missing status shall be deemed the date of death.
Acts performed during the period of presumed death
If a person is declared dead but is still alive, the declaration of the presumed death does not affect the validity of his acts performed during the period of his presumed death.
Reappearance
If a person who has been declared dead reappears, such person or any interested party may file a petition to the court to vacate the declaration of presumed death.
Influence of presumed death on marriage
If a person is declared dead, their marriage shall be terminated on the date of the declaration. But if the person reappears and the declaration is vacated, their marriage shall be restored automatically on the date of the vacation of the declaration, unless the other spouse has been remarried or submits a written statement refusing to restore their marriage to the marriage registration office.
Influence of presumed death on adoption
If a person is declared dead, and their child is legally adopted by others during the period of their presumed death, the adoption shall not be affected, and the person is not entitled to claim vacation of the adoption on the ground of absence of their consent.
Restitution of property after vacation of declaration of death
If a person who has been declared dead reappears, they shall be entitled to claim restitution of their property, including the property that has been inherited by heirs as estate. Provided, that if restitution is not feasible or damage is incurred to their property, they shall be entitled to claim reasonable compensation therefor.
Robert Zhang 
Steve Li 