Study On The Character And System Of Cenetery Use Rights In China

History for a long time to the attention of the cemetery burial customs in our country,together with the accelerated aging process in our country,people demand for funeral services also continue to increase,to provide or the dead ashes of the burial service business graveyard industry is also developing rapidly.But due to the limitation of saving land resources and to meet the requirements of administrative examination and approval procedures,operating since 2013,the cemetery construction pace gradually slow down,have been unable to meet the demand of people.In April 2017,the society and raised a hot wave of the graveyard is restricted.Tomb at the same time,in the tension between supply and demand,price compares prices of environment,the chief mourner buy cemetery behavior makes the rental,graveyard right belongs to the creditor's rights,the ministry of civil affairs and made it clear that his primary purchase business graveyard,obtains the right to the use of the graveyard,20 years as the payment cycle,cause social question immediately.At present our country present legal documents involved in the business graveyard access system basic belongs to the funeral of legislation,regulation more focus on the public law Angle,but after combing file can be found that the legislation is relatively lag and counterpoising truly missing terms.At the same time,in the sight of the private law right orientation,content,flow and protection is very fuzzy and lack,lead to the use of profit-making cemetery rights cannot be fully protected,social conflicts intensified.In the legal science,some scholars think that his master to buy their own business have the right to use the graveyard should belong to a kind of creditor's rights,for the Lord is with cemetery operator by way of contracting contract rental,can rise to improve the efficiency of the use of the tomb,the realization of the aim of saving land for burial and expelling the funeral custom of some scholars put forward business graveyard to use real right,said to usufructuary right,can maintain the graveyard owners and cemetery using balance of interests between people,can make up for the inadequacy of creditor's rights said.This article from the profit-making legislation present situation and the social current situation of the graveyard,in the first chapter mainly summarizes the problem of the legislation and the reality and think of profit-making cemetery to define the nature of the right to the use is a major cause of social problems emerge in endlessly.Second chapter combed our country of profit-making use cemetery for andhave to change the nature of dispute,the analysis of advantages and disadvantages,the content of the creditor's rights and property rights think business graveyard right should belong to the real right in our country,the concrete for the right to use construction land.Third chapter comb interpretation of profit-making cemetery abroad use the law and practice,most countries clear operating cemeteries use qualitative as property rights and related system protected,and summed up the lessons in our country.The fourth chapter embarks from the reality in our country needs,combining the existing relevant laws and regulations,preliminary to will be built based on the principle of operating system of right to the use of the cemetery,to protect the civil rights and interests of users and the cemetery operator,to further promote the reform of the funeral of the development process.