How The Law Transform Customs

In the process of enforcing funeral law in China,the goal of cremation has not been completely fulfilled.On the contrary,the funeral order controlled by law and custom has been formed.In this order,China's funeral law enforcement is facing three basic dilemmas: sports law enforcement,cemetery crisis and secondary burial law enforcement.These three predicaments are mainly caused by three reasons: the serious lag of funeral legislation,the deep-rooted concept of life and death,and the imbalance of interest pattern.On this basis,the article puts forward some suggestions to solve the above dilemma.The article is mainly divided into four parts.The first part is about the function of law in changing customs.Firstly,the relationship between law and custom is taken as the basic problem,and the two theoretical viewpoints of "reflection theory" and "change theory" are analyzed.Finally,the conclusion is drawn that law can change customs within a certain limit and achieve the goal of changing customs.Secondly,from the perspective of nation-state construction,this paper analyses why China should use law to establish funeral order,that is,the process from "disorder" to "regulation".Finally,combined with the concrete practice of funeral reform in our country,it points out that the funeral order under the dual social control of law and custom has been formed in our country.The second part mainly introduces the three basic dilemmas faced by funeral law enforcement in China at present: sports law enforcement,public offering crisis and secondary burial.There are three reasons: first,the legislation of funeral is lagging behind seriously,falling into the dilemma of the existence of cultural choice paradox and the difficult balance between public and private rights;second,the concept of immortality of the soul is deeply rooted,and the two concepts of filial piety and the imagination of the world of the deceased affect people's funeral behavior.Third,the interest pattern is in an unbalanced state,which is mainly manifested in two forms: the complexity of interest structure and the intensification of interest conflict.The third part is about the reconstruction and path of funeral order in China.Four suggestions are put forward on how to solve the basic dilemma of funeral law enforcement in China.The first is to adopt a comprehensive legislative model.Funeral legislation should be comprehensive,public welfare and flexible.The second is to strengthen the construction of law enforcement team,specifically for the rational allocation of law enforcement resources,improve the quality of law enforcement personnel,strengthen administrative and judicial linkage,and standardize the behavior of law enforcement personnel.The third is to vigorously promote ecological burial,not only to change people's concepts,but also to establish an advanced model of ecological burial.The fourth is to improve the funeral service facilities,increase investment in funds and human resources,standardize the management and construction of cemeteries,and strengthen the construction of funeral parlors.In the concluding part,the article points out that the funeral custom has both positive and negative aspects,so it can not be totally denied.This requires us not to be too radical or conservative in the process of changing customs by law,but to adopt a gradual and moderate way.In this way,a new funeral order can be realized.