The Studies On The Administrative Enforcement System In The Funeral Management Of China

Funeral management has always been a hot topic in recent years and people start to pay more attention to it instead of carefully concealing mentioning, in which funeral r eform has played a huge role. But it is also clear to see that the problems have come t o the crossroads of reforming because China’s funeral law started late and low. China is filled with constant news such as the "forced Hiratsuka" and "forced cremation" re ported, which often hurt people’s nerves. Death is related to everyone, influenced by t he traditional thought of "be laid to rest", almost every person cares a lot about wheth er the funeral management agencies can enforce their exercise of power acurately.With the launch of the compulsory administrative law, the administrative compulsory act of the past funeral management organs can no longer meet the demand of the law and the time. It can also be seen that the administrative compulsory execution problems are still unsolved. Funeral is a special link of the social management. However, people’s legitimate interests are still not fully guaranteed because of the imperfection of the administrative compulsory execution system. In order to study the administrative compulsory operation problems of the funeral management system, this paper chose two typical cases as basis. Based on the cases of “Compulsory flat grave in Zhoukou of Henan province” and "An old farmer dug grave cremation forcibly", and with the perspective of the act of administrative enforcement, a comparative analysis on the defects and problems of the management of administrative compulsory execution. Then some perfect proposals are put forward.Research on the administrative enforcement system of funeral management is roughly as follows:The first chapter is introduction, indicating the value and intention of the topic selected the domestic and foreign literature review, research methods, innovation and etc.The second chapter mainly introduced the basic concepts and the significance of funeral administration. Then a comparative analysis about the differences between the administrative enforcement of funeral and the administrative enforcement and the administrative compulsory measures of funeral is described.The third chapter mainly introduces two cases. And based on the cases, the exist obstacles and problems of the administrative enforcement in funeral management is explained from three aspects of legislation, procedure and law enforcement practice in the perspective of compulsory administrative method.The forth chapter is mainly about an analysis of the causes of the existing problems. The specific reasons include the imperfection of funeral legal system, the defects of the “regulations on the administration of funeral”, the funeral enforcement law environment is not in good conditions, the improper enforcement practice, the backward of funeral management system, the imperfection of funeral enforcement supervision and relief system, the remain of traditional bad funeral habits and the ultra implementation of new policies.The fifth chapter put forward some specific solutions about the problems found above, and described some suggestion about the unsolved problems in the process of administrative enforcement practice of funeral management.