Law Research On City Cemetery Issue

Recent years, news on" sky-high price cemetery" has been reported constantly, with deep public concerns on the issue of "unaffordable death". On one hand, luxury cemetery can be found everywhere, On the other hand, general public has to bear high cost for the land in which bodies are buried after the death. There are many reasons that cause such kind of social issue, both with the price monopoly by the developers under the conditions of market economy development, also with the lack of regulatory functions of the government departments. However, the root cause lies in the imperfection of the city cemetery legal system. Today in the field of law study, no one has specialized in the city cemetery issue, but from the angle of urban planning study,there are more discussions about turning the cemetery into ecological and art urban landscape. In the level of legal system, there are several existing laws and regulations involving the cemetery management, including the ministry of civil affairs interim measures for the administration of the cemetery,which was issued and implemented in1992, and the state council regulations on the administration of funeral activities, which was issued and implemented in1997.Meanwhile, in local areas, provincial administrative areas like Guangdong, Guangxi, Shandong, Hebei, Jiangsu have already enacted a local funeral and interment management regulation. But still many problems appeared in the reality can not be solved yet.The purpose and meaning of this paper is that, through the study of the basic theory of public property system, a relatively complete set of legal management system framework about city cemetery can be designed, looking forward to solving such disadvantages like government functional departments power weakening, and cemetery market price monopoly,which exist in the city cemetery operation and management activities.This paper is divided into four parts:The first part mainly explains and analyses the status quo and reasons of city cemetery issue.The second part mainly elaborates the basic theory of city cemetery issue.The third part mainly explains the legal relationship in city cemetery issue.The fourth part mainly explains specific legal system perfection in city cemetery issue.