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中华人民共和国民事诉讼法(英文版)(下)

http://www.dffy.com 2007-1-19 17:17:42 来源:东方法眼

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  The prosecutor, a representative of the election committee and other citizens concerned must participate in the proceedings.
  The written judgment of the people s court shall be served on the election committee and the prosecutor before the election day, and other citizens concerned shall be notified of the judgment.
  SECTION 3 CASES CONCERNING THE PROCLAMATION OF A PERSON AS MISSING OR DEAD
  Article 166. With respect to a citizen whose whereabouts have been unknown for two years, if the interested party applies for proclaiming the person as missing, the application shall be filed with the basic people s court in the locality where the missing person has his domicile.
  The application shall clearly state the facts and time of the disappearance as well as the action requested, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended.
  Article 167. With respect to a citizen whose whereabouts have been unknown for four years or whose whereabouts have been unknown for two years after an accident in which he was involved, or whose whereabouts have been unknown after an accident in which he was involved and, upon verification by the relevant authorities, the said citizen is unable to survive, if the interested party applies for proclaiming such person as dead, the application shall be filed with the basic people s court in the locality where the missing person has his domicile.
  The application shall clearly state the facts and time of the disappearance as well as the action requested, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of this citizen shall be appended.
  Article 168. After accepting a case concerning a proclamation of a person as missing or dead, the people s court shall issue a public search notice for the person whose whereabouts have been unknown. The time limit of the notice on the proclamation of a person as missing shall be three months, and the time limit of the notice on the proclamation of a person as dead shall be one year. Where a citizen s whereabouts have been unknown after an accident in which he was involved and, upon verification by the relevant authorities, the said citizen is unable to survive, the time limit of the notice on the proclamation of such person as dead shall be three months.
  On the expiration of the time limit of the public notice, the people s court shall, depending on whether the facts about the missing or death of the person have been confirmed, make a judgment proclaiming the person as missing or dead or make a judgment to reject the application.
  Article 169. Should a person who has been proclaimed as missing or dead by a people s court reappear, the people s court shall, upon the application of that person or an interested party, make a new judgment and annul the previous one.
  SECTION 4 CASES CONCERNING THE DETERMINATION OF A CITIZEN AS INCOMPETENT OR WITH LIMITED CAPACITY FOR CIVIL CONDUCT

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