Grave Disputes Judicial Response To China's Rural Area

Along with the pace of reform to deepen,the steady growth of economic high speed,remarkable achievements.At present our country has become the world's second largest economy,"three construction" achievements of the attention of the world.And the most direct problem is caused by urbanization movement large-scale urban and rural construction land increasingly nervous.Based on the contradictions on the land is also emerge in endlessly.In the grave,for example,the author noticed that no matter the government behavior or folk behavior,are suspected of grave disputes has influence.For example,the government departments in order to make full use of every inch of the land,racking my brains.In March 2012 in Zhoukou city in Henan province "flat grave storm" is a good one.Zhoukou city in order to promote the "flat grave toward" and follow the instructions on further promote the reform of the funeral the leadership of the spirit.Flat or push move more than ten thousand.The huge flat grave movement,at that time will punish springing action into the forefront of public opinion.Similarly,the folk frequent outbreak of grave disputes has multiple.Main show is: economic activity between the living and the dead grave interference;Grave right and right to the contracted management of land boundary conflict;Folk geomantic entrenched beliefs,often in Feng Shui is damaged as breaking point contradiction and so on.In this case a burst of grave disputes.Although the cause the cause of the dispute is different,but basically is originated from the associated party,in turn,destroy others tomb,tomb of different degree of damage caused others.In diversity of resolving disputes under the background of the judicial,the parties may choose different natural dispute resolution mechanisms,such as reconciliation,mediation and judicial proceedings.We know,the justice is the last defense line of resolving social contradictions,the judicial organs of the umpire results with a declaration and guidance,therefore its attitude undoubtedly has very important significance.Based on the tomb is difficult to deal with disputes arising,or even on the judicial response to all levels of the court's attitude is also very different,one of the important reason is that our country law does not recognize the dead shall enjoy the personality right,from the perspective of the dead can't provide effective legal support;For the living relatives of the dead,is also a lack of support for their ancestral graves enjoy rights and legal norms.We know that the judicial response to grave disputes can be based on three levels.One is the level of criminal law.Our country criminal law the crime of theft,insult bodies,robbing ancient tombs,the crime of intentionally damaging property,theft,and insult to reference.Two is administrative law,administrative subject to others vandalism,dirty or damaged,and discard other people remains or ashes,etc,can be given administrative penalty of detention and fines.Three is the civil judicial level.Modern public law a consensus on,is the theory of "law without authorization is prohibited",namely whether the judicial organ to constitute a crime suspect gives the criterions for the conviction,or the administrative organ for illegal but not yet constitute a crime,the offender shall be given administrative punishment must have a clear legal basis,otherwise it is illegal.As private law that is different from the civil law,civil law pursues is "law without banned all freedom",namely in the laws or administrative rules and regulations under the premise of not banned,the behavior of the citizens is free,public power authority shall be subjected to interference.While at the same time to the requirement of judicial organs,the judge is not allowed to refuse the referee there is no specific provision in the law as an excuse.In civil dispute is complicated,varied,especially in the modern economic transformation,grave disputes has become increasingly frequent,more grave disputes must be dependent on the private law to adjust,so the civil law in adjusting the grave dispute issue,the function of space is very big.And this is the third level of civil judicial protection.For grave disputes provide civil judicial protection will inevitably involve the issue of claim basis.With shallow views,the writer think about grave infringement to at least three angles as a foundation for right of claim: were human dignity;Offspring were relatives of personality interests;The property of the tomb and its annex properties.Integrated all sorts of views,the author thinks that the grave shall be deemed as to possess the property of personality factor,and as a foundation for the civil law protect the right of claim of accordingly.This article is composed of the introduction part and other five parts.The introduction part illustrates the research significance of this paper,the research status,research methods and ideas,and to explain the several problems.The first part is divided into two pieces,the first a small part based on the current status of frequent grave disputes this,first retrieve the necessary case,and as a starting point,on the court to face kinds of grave disputes have a roughly comb,and thus lead to the second part,the problem discussed in this paper.The second part,from the perspective of public law and regulations were introduced as a public power authority of judicial organs and administrative organs,in the face of grave disputes may give how to answer.Based on the lead in the third section.The third part is the problem have been discussed in front,on the basis of the necessity and feasibility to introduce to adjust the civil law,and focus on the analysis for the tomb of the civil law to resolve disputes.Civil law claims based three discussion points and the types of disputes over the first part of the tomb to confirm each other,each other into,and as the basis of the judicial organs to judge cases,its importance is self-evident.The fourth part is puts forward several ideas to rural areas tomb dispute resolution.Include:(1)Clear the tomb and its annex to possess the property of personality factors;(2)To explore the establishment of rural area grave registration system;(3)Innovation grave compensation mechanism;(4)Play the role of the grassroots autonomous organizations.The idea is to response to the first part of the proposed problem,hope for the part of the problem of grave disputes with certain perspective.The fifth part is the conclusion,Consul General of the full text of the tail echo,and the significance of this paper were reaffirmed.Expect more experts and scholars can put perspective into the rural areas of graves and grave up dispute resolution,to resolve conflicts in this field to provide some new ideas,some new research ideas,find some new problems.