Right In Rem Mode Research Of Cemetery Under The Ground Of Funeral And Interment Reform

With the aging population speed accelerating continuously and urbanization,the supply of cemetery is not enough in recent years,and it has not met the society demands.Although local government at several levels implements new funeral and interment mode under the base of original cemetery quantity to balance the society interment mode under the base of original cemetery quantity to balance the society demand,in fact the results are not observable.The cemetery reform is extremely urgent the today condition of contradiction between people and land more intense.The focus of reform is land whatever the government implements green funeral or people-benefit funeral.The existing legal does not define the attribute of cemetery which more depends on policies and regulations,or folkway.All of these modes could not carry out standardized management for cemetery,so right in rem of cemetery is a necessary tendency.The right of cemetery is a kind of real right for usufruct,and it is different with traditional real right for usufruct,because the cemetery cannot use repeatedly and not profitability.Consequently,the right of cemetery is a new and independent kind of real right for usufruct—that is special permission real right for usufruct.The domestic academic studies put more focus on individual study of rural non-profit cemetery or urban profit-oriented cemetery in legal field according to the present research results.Domestic laws and regulations—Funeral Regulations and Cemetery with traditional real right for usufruct,because the cemetery cannot use repeatedly and no profitability.Consequently,the right of cemetery is a new and independent kind of real right for usufruct—that is special permission real right for usufruct.The whole text is divided into five parts except “Introduction” and “conclusion”.The first part describes background,current status,methods and means of study in this paper.After describing study background,current status and methods,the study means of paper is obtained Firstly,provide academic theory support to the right in rem of cemetery through study attribute of cemetery and so on Secondly,provide legal access for cemetery ecologicalization and scientific utilization of land resource in accordance with the right in rem of cemetery.The second part describes basic legal theory of cemetery,It includes general description list three doctrines for the right in rem of cemetery,leasehold doctrine,real right for usufruct doctrine,and special permission real right for usufruct doctrine.At last,analyze the reasonability and disadvantage of these three doctrines.The third part describes main problems of existed cemetery mode.One is about the change of attribute of cemetery,the other is about cemetery service life.The fourth part is contrast and learn foreign cemetery legal mode.After contrast attribute of cemetery modes separately in four countries,it is found that these countries think attribute of cemetery is the right in rem,so it is necessary to establish scientific system of the right to use cemetery and make it better to protect cemetery user an relative personnel's legal interests.The fifth part is to design Chinese the right in rem of cemetery mode.I think define the attribute of cemetery as a right of use,which is a scientific choice and is necessity and feasibility through the previous analysis.As a result,propose framework suggestion to system of the right to use cemetery,including principle items and important and detailed items.The sixth part is conclusion.