The Realistic Dilemma Of The Rule Of Law And Its Measures Of China’s Funeral

Funeral rule of law refers to the regulation and regulation of funerals and funeral-related activities through relevant legal systems."Rites for funerals and rituals for sacrifices" is the basic connotation of funerals.As a project of changing customs and customs related to the vital interests of the people,the reform of funerals and funerals should operate reasonably on the track of the rule of law.The emergence of various disordered phenomena in my country’s funeral reform has affected the enthusiasm of the people to participate in the funeral reform,reflecting that some value orientations in the legal system are not in line with the people’s wishes,hindering the smooth implementation of the funeral reform,and further triggering its legitimacy and legality questioning.The purpose of this paper is to analyze the practical dilemma of the rule of law in funerals in my country and the source of its chaos,put forward a specific path that urgently needs to be optimized for the reform of funerals,and try to explain the value rationale of the transformation of its path in the new era.This article takes the historical context of my country’s funeral order as an entry point,and clarifies the characteristics of traditional funeral habits and the current status of the development of the rule of law in funerals.Secondly,the dilemma encountered in the process of funeral management in my country is analyzed: a single legislation cannot meet the actual needs of funeral management;the chaos and anomie of law enforcement order deviate from the essence of the rule of law;the due function of judicial adjudication in funeral management is lacking;Confusion about the advocacy value of funeral management.Based on this,the third part mainly discusses the root cause behind the practical dilemma,mainly arguing that the limitation and lag of legislation affects the effectiveness of the law,and the lack of legal support leads to disorderly law enforcement,which affects the public’s evaluation of funeral reform,local concepts and traditional ethics and morality.The retention of mortuary affects the spread of funeral policy,and there is also a tension between efficiency goals and the change cycle.The fourth part points out that getting out of the predicament of the rule of law in funerals is not only an inevitable requirement for steadily advancing the construction of the rule of law in China,but also the proper meaning of improving the modernization of grassroots governance capabilities.It is a rational choice under the mode of autonomy,rule of law and rule of virtue,and it is also a creative transformation of the excellent traditional culture of the Chinese nation.Furthermore,it points out the optimization path of the current funeral management.The funeral management should promote the coupling of legitimacy and rationality in law enforcement while changing the legislative concept and improving the system,broadening multiple channels to enhance the public’s recognition of the funeral policy,and adopting flexible management to achieve The change of public funeral concept.