Research On The Rights Of Use Of Rural Cemetery

Influenced by traditional culture, people begin to care about how they are buried when they were dead, though they are not for things, this kind of invisible obligation falls to their close relatives. "Born to die have been buried" the traditional ethics affects the system of the use of graveyard in our country to a certain extent, the impact on performance is particularly prominent in the rural areas. In recent years, due to the use of the countryside cemetery, civil and commercial economic disputes always occur, the author found that, through searching the "graveyard" keywords, civil and commercial and administrative cases which is produced by the cemetery of the criminal up to one thousand pieces. At present, because our country adjusts to the use of the graveyard with aspects of normative documents which still stays in the last century, legal level is only in the level of administrative rules and regulations, therefore it cannot effectively resolved the dispute caused by the right of the graveyard today. At the same time, the use of these regulatory documents to the cemetery in rural areas is vague which results in the use of rural cemetery specially chaos. Therefore, the author considers the perspective of the theory of property law as a starting point, analyzing legal issues which is related to the right to the use of rural cemetery in China and in case of the use of the tomb of China’s rural area, I put forward my own views and Suggestions, in order to establish a scientific and reasonable rural system used in the cemetery.The full text is divided into four sections, the first part is mainly on the basis theory analysis of the right to the use of rural cemetery system. The section contains the set of concept of the use of the cemetery in rural areas, its legal nature, as well as the subject, object and contents of the right to the use of the rural cemetery.The second part of this article is to describe the limit of graveyard right outside of regulation. Including grave base rights of South Korea region which is formed on the basis of precedent system, <<the cemetery authority>> of the Sweden act regulation over the use of the cemetery, and Chinese Taiwan area in the our country sets management ordinance issued by relevant systems.The third part of this article is for the current existing problems in the right to the use of rural cemetery in China. Describing that a normative document is not sound, the duration of the right to the use of rural cemetery is vague, the abuse of power, the lack of planning and other related issue.In the fourth section of the article, the author puts forward some Suggestions for the construction of cemeteries use system in rural areas in China. The right to the use of the cemetery in rural areas should make special provisions, and shall be prohibited in the circulation flow as well as abolish the right to the use of rural cemetery because of the date of use expiring, beyond the legal area of the cemetery, giving up the right to the use of the cemetery.