On The Legal Issue Of Management Of Land For Funeral Affairs Of Rural Area

The Reform and Opening-up Policy has carried out for nearly 40 years around since the Third Plenary Session of the 11th Central Committee, that bring huge development and improvement to the social, economic, legal affairs of China while with the remarkable problem of imperfection of legislation system and unreasonable guarantee system of civil livings unsolved properly yet. Especially the funeral issues of rural area have attracted most of social attention frequently in recent years, such as the graveyard-destroying issue in Zhoukou of Henan Province and the tombs-distorting issue in Anqing of Anhui Province, that leading the violent debate of controversy relationship between the administration and the public interest among the whole society. Such issues inflects the unreasonable setting on the legislation problem of the funeral affairs of rural area, which should have gotten more focus on.The thesis is divided into four parts as followed.The first part:concept to define of funeral affairs of rural area. First of this part, there is no clear stipulation on the concept of rural land for the funeral of the set; The second, through analysis of the funeral affairs of rural area on the use of identity, and the ownership of real rights, the dispersion on the status quo, the allotted time on indefiniteness to concluded. At last of the part classifying the funeral affairs of rural area with its characteristics, the nonprofit cemetery or the profit cemetery, the main tomb or the without main tomb, dispersion type or localized type or special type.The second part:analysis of legal problems in the current management on funeral affairs of rural area. First of this part, discussion on the shortage of legislation.Then non-separating of government and public enterprises, without a clear line between the relationship of the government and enterprises, with ambiguity position of the main management status in administration and law enforcement,lacking sense of public responsibilities.Lastly, through analysis of Zhoukou of Henan Province and the tombs-distorting issue in Anqing of Anhui Province to find the problem on the legal system of funeral affairsThe third part:analysis of the management the legal system of funeral affairs. Review the history on the legal system of rural funeral affairs area. And changes in the way research funeral.The forth part:Chinese legal system of funeral affairs should be inspired by the analysis of foreign funeral Systems. The foreign funeral Systems of the United States,France and Japan, based on analysis and discussion, in order to learn from their advanced experience.The fivth part:Combined with the above analysis, make recommendations to address the issue. Therefore, we will analyze the actual legislation system of funeral affairs of rural area basing on the distinct theory found of related conception, distinctness and categories of funeral affairs of rural area. Besides, we will reorganize the historical and practical reason that initiates the issues of funeral affairs of rural area and observe the developing process of funeral affairs of rural area both in China and other typical western countries, to put forward reasonable legal proposal to get such issues well settled.