Author(s)

Xie Chuntong ¹

Affiliation(s)

¹ China University of Political Science and Law, Beijing, 100088, China

Corresponding Author

Xie Chuntong

ABSTRACT

With the development of globalization and increasing transnational population movement, foreign-related legal affairs have become increasingly complex. The current legal provisions in China regarding the declaration of death for foreign-related cases have certain issues, particularly in the application of dynamic connecting points. The uncertainty in their application can easily lead to confusion in legal application in practice. By analyzing the case of Ma's revocation of the declaration of death heard by the People's Court of Haining City, Zhejiang Province in 2020, this paper reveals the deficiencies in the current law regarding the application of dynamic connecting points in China. It suggests applying the law of the last habitual residence before disappearance to overcome this issue. This suggestion can address the uncertainty brought by dynamic connecting points to a certain extent, making the application of the law clearer and more stable, thereby better protecting the legitimate rights and interests of interested parties, promoting social order stability, and ensuring fairness and justice in the law. This improvement measure is expected to provide a reference for the perfection of relevant laws and enhance the certainty and rationality of judicial decisions.

KEYWORDS

Declaration of death for foreign-related cases; Dynamic connecting points; Legal application; Habitual residence

CITE THIS PAPER

Xie Chuntong, Reflections on the Application of Dynamic Connecting Points in the Declaration of Death for Foreign-Related Cases. Science of Law Journal (2024) Vol. 3: 141-145. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030521.

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