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一、关于宣告失踪中的几个问题 宣告失踪是我国民法通则确立的一项新的法律制度,它是我国民事立法进一步完善的体现。这一制度的确立,对于结束失踪人财产无人管理,义务无人履行的不稳定状况,保护失踪人及与其有关的权利人的合法权益,有着重要作用。但由于公民被宣告失踪后,其民事权利能力并不因此而消灭,所以宣告失踪的法律后果并不引起失踪人的财产所有权关系和与其有关的人身关系(如婚姻关系)的变更,因此,人民法院在审理宣告失踪案件时,除了应依法掌握宣告失踪的条件,按照法定程序宣告外,还要正确处理好宣告失踪人的财产代管及与其有关的问题。最高人民法院《关于贯彻执行《中华人民共和国民法通则》若干问
First, the disappearance of several issues concerning the disappearance of a declaration is a new legal system established by the general principles of civil law in our country. It is also a manifestation of the further improvement of our civil legislation. The establishment of this system plays an important role in ending the disappearance of the property of the disappeared people, the unstable state of obligation and fulfillment of obligations, the protection of the legitimate rights and interests of the missing persons and their related rights holders. However, since the citizen's rights of civil rights have not disappeared after being declared missing, the legal consequences of the disappearance do not cause the property ownership of the disappeared person and the change of the personal relationship (such as marriage) with the person concerned. Therefore, the people's court When hearing the case of disappearance, apart from grasping the conditions for the disappearance according to law and declaring it in accordance with the legal procedures, it is also necessary to properly handle the issue of property proclamations and the related issues concerning the disappearances. Supreme People 's Court, “Several Questions Concerning the Implementation of the” General Principles of Civil Law of the People' s Republic of China "