Study On The System Of Management Of Cemetery Land Use Rights In China

Because of the influence of the traditional concept of "be laid to rest" funeral, longfuneral in China mainly to burial mainly. After the new Chinese was established, thegovernment actively promote the reform in the funeral, cremation, funeral customsreform gradually. In the town the cremation, change from the burial of the remains ofthe past for cinerary, this requires the establishment of specialized for cinerary graves inthe town, operating cemetery is gradually development.In our current law relates to operating cemetery regulations mainly "cemetery","measures for the administration of funeral regulations", the Ministry of civil affairspolicy document, its characteristic is concise content, exist in the standardizedmanagement of the cemetery management problems gradually emerge, such as illegalconstruction, illegal sale of business grave business the cemetery, the cemeteryspeculation business. Current scholars of business grave research does not fully meetthe needs of theory and reality.According to the operating cemetery as the research object, carries on a research tothe selected from the land use right angles, including objective, our operating cemeteryof the basic legal theory, the law of the land use right and operating cemetery land userights, our operating cemetery land use right system problems in China, operatingcemetery land use right system, the conclusion six parts. The first part discusses thepurpose, significance, research status, research scope, research methods and differentfrom the existing research. The second part studies the management concept,management subject, cemetery management main body, the conditions of sale, purchaseconditions and duration of use, operating cemetery management body for the CivilAffairs Department, operating the main body for funeral and interment institutions aswell as approved by the unit or individual, the conditions of sale shall be establishedand obtain a business license, purchase with the condition that the deceased death orcremation certificate, use for a period of20years. The third part discusses therelationship between the land use right in the current law and operating cemetery landuse rights, the law of the land use right to use the right to provide a legal basis for thestudy of operating cemetery land. There are fourth part combs operating cemetery landuse rights, the purchase of land use rights to the tomb, tomb building ownership, tenureand renewal etc.. The fifth part studies identified operating cemetery land use rights vested in the operating entities, the purchase to the tomb of the exercise of the right touse land for operating cemetery, the tomb building ownership shall be entitled topurchase the right to use the tomb, the term of operation of the cemetery of land for50years, and shall apply to the real estate land use rights the same, permit renewal in theland use right after the expiration of the term of continue to use. The sixth part hascarried on the summary to the full text, makes a comparatively objective evaluation onthe research of the author.