Research On The Right To Use Cemeteries In China From The Perspective Of Property Rights

"People die to be laid to resf" has always been the majority of Chinese people living habits and emotional concept, is also part of Chinese traditional culture.In our country, the cemetery①is divided into profit-making cemetery and non-profit graveyards.In our country,how to define the legal nature of the right to use graveyard,who is the graveyard right main body,the deadline to the use of the graveyard and the transfer of the cemetery, these problems has become a hot topic.In our country, there are12laws and regulations related to the cemetery. Only the "regulations on the administration of funeral" and "about carrying out the funeral management regulations the explanation of several specific issues" related to the property law.At present, these laws and regulations can not solve all the problems.In this paper, from the perspective of property law, the author analyzes the relevant problems, and puts forward some personal views and suggestions.First of all, the author introduces the present status and related laws and regulations of the right to the use of the cemetery discusses the concept, classification and graveyards right conditions, etc.Next, summarizes the different points of view of the right to the use of the cemetery. Some scholars believe that China’s cemetery access can be regard as a special kind of usufructuary right,Some scholars believe that we should put the graveyard to use as a "rental" to understand.Still others believe that the right to the use of graveyard can be regard as a kind of land use right,few people say it is a kind of real right.The author thinks that should see it as a kind of usufructuary right.Next, the author talked about the graveyard right main body and the transfer of the right to the use of the cemetery.Finally, the author also puts forward her own opinions and Suggestions.