On The Protection Of Rights And Interests Of The "Buyer" In Rural Graveyards

Private law usually protects the rights of citizens from life to death,and death is the only way for every natural person.Since ancient times,human beings have awe of death.The ancient Chinese Confucian funeral culture has spread to the present,from the death of natural persons to their burial.Time has its own set of "rules." "The dead are the greatest" and "entering the ground for peace" are still our basic consensus on treating the dead today.The cemetery is of course important as a place for the dead’s bones.However,China’s current law has few provisions on the cemetery and the rights on the cemetery.What is the nature of the "cemetery use right" and what rights the person who owns the right to use the cemetery lacks basic provisions,there are also many disputes in the theoretical world.It is difficult to effectively protect the rights and interests of the deceased and their close relatives.This article focuses on rural cemeteries,focusing on the protection of rights and interests of "buyer" in rural cemeteries.The first part of this article focuses on the current types of cemeteries in rural areas,as well as the social and legal reasons that lead to chaos in rural cemeteries.The second part sorts out the cases of contract disputes in rural cemeteries in the past ten years in judicial practice and analyzes six typical cases.Summarize the validity of the contract,the subject of the contract,the subject matter of the contract,the conclusion procedures,and the judgment basis,etc.,and provide a practical reference basis for the buyer who seeks relief in the rural cemetery;The third part focuses on analyzing the factors that affect the effectiveness of the rural cemetery sales contract,such as the unreasonableness of the subject and the change of land use,which led to the invalidity of the contract.From the perspective of legislative purpose,the principle of proportionality,and the measurement of benefits,it is determined whether the mandatory provisions violated It is the "compulsory provisions of validity" in Article 52,Paragraph 5 of Article 14 of the Judicial Interpretation of Contract Law 2,which can lead to invalidity of the contract;the fourth part is based on the premise of invalidation of the contract,and discusses the "buyer" of the rural cemetery based on the results of the judgment of typical cases.Whether the scope of damage compensation constitutes the problem of contracting negligence and unreasonable competition,compensation for moral damages,etc.,and focuses on the feasibility of "recovering the land" on a case-by-case basis to ensure the death of the deceased or his close relatives.Interests are safeguarded;The fifth part starts from judicial practice,discusses the specific attributes of the right to use the cemetery as the subject of a rural cemetery purchase and sale contract,and combines domestic and foreign research results to prove that the right to use the cemetery has the property right.At the same time,based on the current lack of a unified publicity system for the acquisition of the right to use rural cemeteries,in order to secure transactions and reduce disputes,the author creatively proposes a plan to formulate a rural registration system.