Research On The Legal Issues Of Urban Commercial Cemeteries

In recent years,around the emerging "Tomb","super cemetery","small property tomb" and other social phenomenon,the cause of social concern.On the one hand,it triggers the public opinion that can not afford to die.The image of the weaker position of the grave buying workers is deepening day by day.On the other hand,it is imperative for the academic circles to further explore and solve the related legal problems of the business cemetery.This strange phenomenon generated,the complexity of many reasons,the fundamental reason lies in our country still did not have a clear definition of property right to use cemetery city land management,the detailed listing of tombs of the purchase of rights and obligations,regulate the acts of practitioners,maintenance of a comprehensive national traditional funeral culture of civil law.Therefore,it is more difficult to solve the problem of unclear definition of the right to use due to the vague identification of the right to use the right of land in the urban cemetery,and the rigid form of the transfer,as well as the expiration of the expiration period,and the unification of the follow-up period.The author thinks: first,we should define the land use right attribute of the urban business cemetery as the "right of property" land use right,which can be applied to the usufructuary right in the current property law.The right of the law should be the right to use the construction land,and the right to use should be fifty years.The construction and operation of a cemetery should follow the basic principles of returning to public cemeteries,people-oriented,green environmental protection and scientific planning.The funeral service industry is a natural monopoly industry,the government should give full play to the function and cost effective,the total cost of all products provided to the funeral service industry of funeral service burden of single enterprise is less than the ultimate responsibility.Secondly,to further expand the circulation mode of the operating cemetery,and on the basis of the establishment of the repurchase system,we recognize the circulation of cemeteries between the tombs and the third people.Finally,the legislation should realize the unification of the renewal system of the operational cemetery,and fundamentally change the "war situation".This article is divided into five parts:The first part mainly explains the basic legal theory of city operating cemetery,the main contents include the analysis of the "graveyard","grave","cemetery" and other similar concepts,analysis of the legal attribute of the cemetery,the cemetery to determine statutory classification with direct or indirect rights protection system,combing the ancient cemetery and cemetery China on the existing legal norms.The second part mainly explains the city operating cemetery,the main city of operating cemetery land use right transfer form fuzzy attribute is unknown,rigid,unified is difficult to achieve and the expiration of the period of follow-up system is not clear the problem situation and causes.The third part mainly determines the city land use rights attribute of the operation of the cemetery,the main content includes the sort of the "property" of land use rights as the center of the right type,the comparison with foreign countries and regions of the cemetery system,suggested on the basis of implementing the basic principles on the principle of operating cemetery city land use rights for construction land the right to use.The fourth part mainly introduces the mode of the cemetery transfer between the tomb owners and the tomb buyers,the tomb buyers and the third people,and analyzes the current situation and problems of the two transfer modes.The author suggests that from the legislative level,we can recognize the possession of tomb,tombstone and affiliated buildings and the lease rights of the land attached to the tomb.Based on the establishment of the repurchase system,we recognize the cemetery transfer between the graves and third people.The fifth part mainly constructs the term system of the urban operational cemetery.The term system is divided into two parts: the term system of the right to use and the renewal of the term system.The term system refers to the basis of land clear city operating cemetery for the right to use construction land use rights,advocates the right to use fifty years period;in the cemetery after the expiration of the period of renewal system respectively envisaged clearly expressed willingness to purchase the tomb or unable to contact again who purchase the tomb,and the tomb built subject should be established to inform the system complete the.