对于宣告普通公民失踪及死亡制度,我国民法通则和民事诉讼法对此做了规定,但宣告军人失踪及死亡制度尚不健全。文章对于申请宣告军人失踪及死亡的主体问题,提出部队具有申请宣告军人失踪及死亡的权利。对于宣告军人失踪及死亡案件的管辖问题,为了更好地贯彻民事诉讼法的“两便原则”和更有利于维护国家的军事利益,提出了申请宣告军人失踪、死亡案件由军事法院受理的观点。 As for the system of proclaiming the disappearance and death of ordinary citizens, the General Principles of Civil Law and the Civil Procedure Law stipulate this, but the system of announcing the disappearance and death of soldiers is not yet complete. Article application for the announcement of the disappearance of soldiers and the main issue of death, the troops have the application to declare the disappearance of soldiers and death rights. In order to better implement the “two principles” of civil procedural law and to better safeguard the military interests of the country, it has put forward an application to declare the disappearance of soldiers and the death penalty to be accepted by the military court the opinion of.