The Investigation And Research On The Tomb In Some Rural Areas In Zhijin County, Guizhou Province

Sacrificing right is also named as the right of holding a memorial ceremony. In existing norm of the civil law, it has not been subsumed in legal private right system. However, we can deduce the relation of identity of the civil law to get the sacrificing right. Sacrificing right is the rechtsgueter in the category of civil law and should be protected by civil law. In the specific long history in our country, with the situation that the traditional culture was not in breakage but continued constantly, people execute the sacrificing right according to series of sacrificing activities. In traditional culture, sacrificing right is the reflection of people's seeking for ancient. Sacrificing right is materialized to three aspects, including memorial tablet, ancestral temple of clansman, and tomb. Memorial tablet, ancestral temple of clansman, and tomb have made great influence on the traditional culture in our country in all ages. Meanwhile, traditional culture absorbed the idea of various behaviors in the sacrificing activities, so that it also had impact on sacrificing activities. The ancient family system, rule of state power, and tradition of patriarchal clan system came into contact with each other because of sacrificing activities, from which we can see that when the ancient executed the sacrificing right, sacrificing activities made enormous influence on the production, life, and culture of people.Tomb is one of the materialized forms of sacrificing right. The specific manifestation is to bury in the ground, which is one of the folk processing modes for the remains of relatives passing away for a long period. Based on the investigation and obtaining relevant analytical data of the tomb in some rural areas in Zhijin county, Bijie district, Guizhou province, the thesis holds the view that the content of folk sacrificing right not only contains the filial piety tradition in traditional culture, but also transmits strong worship of geomantic omen and religious faith. Beside, diverse religious doctrines have been mixed, including Confucianism, Taoism, and Buddhism.The thesis tries to analyze the necessity and rationality of the existing of graves in county and village from the perspective of rights. Meanwhile, analyze the nature of right and the restrictive conditions, and then seek for the protective tail of graves in county and village in the conflict of common law and written law in force. The thesis deems that the tomb culture and its sacrificing activity derive from people's idea of immortal soul, ancestor worship, and reproduction worship. It is the effect influenced by traditional culture of geomantic omen, filial piety culture, and religious culture. What's more, it is the method for the patriarch system to implement county management, keep up the internal unity of the family, and deal with public objects. Among them, the sacrificing right with identity, spiritual ethnic group identity, and institutional restriction form the appeal of inherent value and injection molding of external institutions of tomb culture.In consideration of contradiction of the traditional inertia of execution of sacrificing right and written law in force is primarily reflected on the conflict between the scarcity of land resources and burying with divination in county, the paper supports the proposal to save the usage of land through regulating the tomb behavior. Besides, with the popularization of modern value and laws in force, realize civilized tomb culture finally. In one side, it ensures the value appeal of traditional common law and reflects the legislative spirit of people first; on the other side, it achieves the effective application of the limited land resources.