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The Research On The Protection Of Property Right On Rural Graves And Graveyards

Posted on:2016-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:M Q CaiFull Text:PDF
GTID:2336330503494853Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years, disputes on graveyard and yard happened frequently; social events represented by the forcible grave-razing movement in Zhoukou of Henan province also caused wide debate. But legal protection for rural grave and graveyard is not enough, such as the weak protection of civil law and the low legislation level. This paper is divided into four parts, the first part listed disputes on rural grave and graveyard and give a brief introduction of the forcible grave-razing movement, showing the necessity of the civil protection on China's grave and graveyard in rural area. The second part analyzed the ownership of graves and graveyards. The third part focused on graveyard use right. This part first analyzed the reasons why farmers have graveyard rights, and then introduced, evaluated and analyzed some main academic opinions on the nature of the legal right of graveyard use right, and argued that graveyard use right could be regarded as a special type of usufructuary right. Based on previous arguments and pinions, the fourth part responded the actual problems put forward at the beginning of this paper.
Keywords/Search Tags:property, graveyard ownership, graveyard use right, grave ownership
PDF Full Text Request
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