A Study On The Real Right Of China 's Graveyard And Its Attachment To The Ground

The relatives of the deceased to protect the cemetery is to comply with this habit. Now, in our civil legislation, the provisions of the cemetery and the ground attachments on civil rights is missing, this situation is not only a stage of civil legislation reflects imperfect, but led to the tomb of close relatives or human rights cemetery maintenance cemetery interests without legal basis.Firstly, to clarify the rights of the cemetery property of nature, under the guidance of Professor Yang Lixin’s "personal rights extend protection theory", the author concludes: cemetery has a certain "personal interests" of the object. In addition, the author of the object based on the protection of property law not only has a direct economic interest may be exchanged to determine ownership of the object is to adjust one of the elements of property law. It follows that the cemetery property as a "special personal interests," the property of the Property.Judicial practice and research combined with the theory, including the cemetery cemetery property construction land use right and the ground attachments ownership in two parts.Under the current land policy and relevant laws and regulations, the author of the existing cemetery is divided into two types of rural public cemetery and city management of land. In the third part, the author of a detailed analysis of two types of construction land use right through the cemetery subject, object, content,etc., and put forward suggestions and appropriate protective measures. In thefourth part, I draw on Roman law, "the right to be bound by theory," The ownership of the content of the cemetery ground attachments make appropriate adjustments in order to conform to the cemetery this particular object of special protection, this property is limited to five areas.By the comparison of our country and abroad cemetery legislative and theoretical research, we find that our legislation is very rare, complete absence of civil legislation; In theory, the cemetery research in the history of science, ethics,architectural more, as the research object of law has just begun. Unlike the cemetery because the object, whether it is right or title of the main cemetery, land use aspects of the legislation is also very different world.