现实生活中,自然人不可避免地会由于战争、自然灾害等失去踪迹,下落不明,从而使失踪人本人和他人的财产和人身关系处于不确定的状态之中,社会秩序因此而受到影响。为此,各国多采用宣告失踪和宣告死亡的制度,以法律推定的方式使其归于确定。但由于各国宣告失踪和宣告死亡的制度存在差异,在国际范围内便产生了法律冲突现象,主要表现为管辖权的冲突和法律适用的冲突。我国并无有关涉外案件管辖权的专门规定,冲突法规则亦过于简单粗疏,不利于我国利害关系人权益保护,因此,应借鉴他国立法经验予以完善。 In real life, natural persons inevitably lose their tracks and whereabouts due to war and natural disasters, so that the property and personal relations of the missing persons themselves and others are in an uncertain state. As a result, social order is affected. To this end, many countries use the system of declaring a disappearance and declaring death, and make it legal by way of presumption. However, due to the differences in the systems of declaration of disappearances and deaths in various countries, conflicts of laws have arisen in the international arena, mainly manifested in conflicts of jurisdiction and conflicts of law application. There is no specific regulation in our country concerning the jurisdiction of foreign cases. The conflict of laws rules are too simple and crude, which is not conducive to the protection of the rights and interests of our stakeholders. Therefore, we should learn from the experience of other countries to improve them.