On Property Law Protection Of Rural Grave Of China

Everyone will experience the process of from birth to death and enter thetomb, law in country can protect people’s right from their birthday, but there’sno conclusion for the deadline of protecting rights. Penman think that，at least,not all rights of citizens will forfeit law protection with the end of life. Socialdevelopment and construction step of today exceed the past, soil is becomingprecious social wealth gradually, but the tombs locating on the ground of ruralarea are the place for citizens after die, which leads to the fierce conflict ofinterest between quick and ghastliness and needs law intervention.Since building the country, the definition on the issue of protecting the legalrights of rural tombs is still slur. There’s no special law provision for rural tombs.With the development of social economy, there are more and more cases for ruraltomb disputation, thus brings about social wide attention. Although the PropertyLaw has enacted for a long time, as to the specific case resolve, the protection forthe legal rights of rural tombs always brings about contradiction and disputationamong construction land use rights and the right to the contracted managementof land. The process of contradiction will bring profound social problem,therefore, it’s time to solve the disputations of rural tombs.The introduction of this paper lists examples to explain the existence of therights disputation of rural tombs, then, extract the first part of this article on thenecessity and feasibility of protecting rural tombs. This part mainly introducethat the reason why the tombs should be protected by the law is that the tombs belongs to the fabric of Civil Law, which is in accordance with the spirit andobjective of the current law. Secondly, the folk tradition of valuing andprotecting rural tombs which has come into being and continued for a long timeoffers history basis for protecting rural tombs. At last, the meaning of protectingrural tombs lies in protecting the deceased relatives and descendants to fullyenjoy the right of personality. All the lives will leave the word, if alive predictsthat their habitation after death can’t be protected, which will influence citizens’emotion and attitude to life and work. Therefore, this part provides feasiblereasons for protecting rural tombs of the Property Law. The second part of thisarticle particularly points out the current main problem of protecting ruraltombs, including expropriation, property analysis of illegal tombs and multiplegrave violations, which paves the way to solve the problems of the next parts. Thethird part introduces that protecting the ownership of rural tombs and researchthe way of resolving it, for example, to handle the old graves which occupy fertilefarmland and to put forward the countermeasures on how arrange gravesmigration in the process of expropriation, at last, it puts forward theimprovement suggestions on protecting the ownership of rural tombs of PropertyLaw in order to reduce illegal rural tombs. The forth and fifth part of thisarticle explains the present situation and improvement of protecting tombs fromthe angle of the right to use rural graves cemetery and the possession system,puts forward personal views on the mystery of the existence of reality and theway of protecting rural tombs on the basis of the possession system. The purposeof this article is that, to make the relevant rights and interests of disputeresolution have law basis in the judicial process, to some extents, maintainunified legal system. It can embody the character of humanity and conditions oflaws and improve the quality of law development.