Nanning, a man who left home 15 years ago to run away "death" after 5 years of "resurrection"

Due to conflicts with his wife, after a big fight, Nanning’s Chen Rong (a pseudonym) left home in 1997. In 2007, Chen Rong's wife and daughter died as a husband and filed an application with the court to request the court to declare Chen Rong’s death. However, 15 years later, Chen Rong returned. On the afternoon of April 19th, he received the verdict that the court declared him "death and resurrection."

Being sued by family to declare death

On the afternoon of April 19th, when Chen Rong went to the Xixiangtang Court in Nanning City to receive a verdict, the reporter hurriedly chatted with him.

Chen Rong, 52, was originally an employee of a company in Nanning. In 1987, she married four years after she had known her wife. Although the feelings of marriage are flat, they are not bad. In 1991, the couple had a daughter and the family was happy.

However, in 1995, Chen Rong was infected with gambling habits and he did not return home day and night. He often went home and quarreled with his wife after losing money. One day in July 1997, Chen Rong once again bet on losing money to return home. This time, because of problems with her family's property, she quarrelled with her wife. Chen Rong said that he was very disappointed with this family and decided to leave home and live his life.

For Chen Rong’s wife, after that big quarrel, her husband has no information, and it seems to have disappeared from the world. She also said to her daughter not once. Chen Rong did not care about them. She may not be dead.

In 2003, because there was no news of her husband for a long time, Chen Rong’s wife applied to the court to dissolve the marriage relationship with Chen Rong. In 2007, Chen Rong’s daughter, who was 16 years old, filed an application with the court as an interested person and appealed to the court to declare Chen Rong’s death.

After accepting the case, the Xixiangtang District Court issued a tracing notice through the media and tried to contact Chen Rong’s relatives and friends to find out his whereabouts. After the announcement, finding and other procedures, on March 18, 2008, the court ruled in accordance with the law and declared Chen Rong’s death. Chen Rong’s account was immediately cancelled by the public security agency.

Working for 10 years without contacting family members

In the past 15 years, where did Chen Rong go? In this regard, Chen Rong told reporters that after leaving home, he went to Luzhou, Sichuan, and has been there to help a private owner do coal mining business. Chen Rong is an inspector and is responsible for checking the coal purchased and sold every day to help transport coal to Jiangsu and Zhejiang. Chen Rong said that for so many years, he did not reorganize the family.

"So long, didn't you think about making a call home?" the reporter asked. "Well, I also miss my daughter and family. But what's the use?" Chen Rong mused for a moment and said, knowing that his wife must teach his daughter not to take care of him. Even if he makes a phone call, he doesn't use it.

In 2008, when Chen Rong heard that her daughter had already gone to college, she needed tuition fees of 10,000 yuan a year. Moreover, her wife did not earn much money every month. So he tried to contact his daughter and sent 2,000 yuan to his daughter every month. However, her daughter still did not forgive him. When speaking to him, he complained. After he had contacted his daughter, the wife also knew that he was working outside, but he did not strongly urge him to go home. This made him think twice about going home.

Chen Rong said that during his stay in the country, he had been carrying a copy of the ID card. When the public security agency came to investigate, he gave them a copy. This year, he learned from the media that the first-generation ID cards were going to expire. Therefore, they returned to Nanning on the 2012 Spring Festival and wanted to apply for second-generation ID cards.

Court revokes death verdict

Chen Rong went home. He began to feel that he should cherish such a happy life with his family, and his wife and daughter did not seem to dislike him.

Of course, for the wife to petition the court for a divorce, the court has declared him "death" and he is unaware. Until March this year, he said to his wife that he wanted to apply for an identity card with his account. The wife told him that he was "dead" and his account was cancelled. Now we need to apply for a new second-generation ID card, and only he will "live" again.

On March 14, Chen Rong filed an application to the Xixiangtang District Court to revoke the previous judgment. As Chen Rong himself reappeared, the court heard a final decision. The reporter saw that only a few lines of the verdict wrote: The court made a civil judgment on March 18, 2008, and declared Chen Rong’s death. On March 14, 2012, the claimant Chen Rong filed a complaint with the Court requesting the revocation of his death declaration. According to the provisions of Article 169 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows: The civil judgment of the death of Chen Rong in this court shall be revoked.

After five years of death, Chen Rong "lived" again. On April 19, Chen Rong and the reporter talked for a while, and he said that his family was eating soup and his wife was not home. He had to go home quickly. After that, he rushed home.

The law stipulates "resurrection"

The case sponsoring judge told the reporter that cases such as Chen Rong’s declaration of “death” and “resurrection” are rare in Guangxi, but it is not a strange thing in judicial proceedings. Since the declaration of death of a citizen means that the citizen is legally deemed to have died, the rights and obligations related to him will be returned to zero, and the system is therefore extremely strict.

The judge said that the "Civil Procedure Law" stipulates that if a citizen's whereabouts are unknown for four full years, or the accident's whereabouts are unknown for two years, or the accident's whereabouts are unknown, the relevant authorities have proved that the citizen cannot survive and the interested party can A local court in an unknown place of residence declared its death. The court shall issue an announcement after accepting the case. At the expiration of the announcement, the court shall make a judgment based on whether the facts have been confirmed. When a citizen who has been declared missing and declared dead reappears, the court or the interested parties shall make a new decision and cancel the original judgment.

For property disposal, after the new judgment is made, the property custodian who was declared dead shall return the property to the person who has been declared missing and reappeared. If a person who has "revived" is required to return the inherited property, the heir must return it to the original; if the original is not, he should be given appropriate compensation. With regard to the marriage relationship, the marital relationship between the person who was declared dead and his spouse is extinguished on the date of the declaration of death. The death was announced by the court. If the spouse has not remarried, the spouse relationship will be restored from the date the death declaration is revoked; if the spouse divorces after remarriage or if the spouse dies again after remarriage, the spouse's relationship cannot be restored on its own initiative.

From 1997 to 2007, when Chen Rong applied for the case, he had never heard anything and it was in full compliance with the conditions for the declaration of death. But now, with this verdict, Chen Rong can restore his household registration because his wife did not reorganize his family and his marriage with his wife also resumed.

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