Research On The Administrative Law Enforcement Of Funeral In China

The administrative law enforcement of funeral and interment is a specific administrative act that the civil affairs department makes to the relative person of funeral and interment management according to the content of the relevant law enforcement in the funeral and interment laws and regulations,and will directly affect the rights and obligations of the relative person of funeral and interment management.The administrative law enforcement of funeral and burial occupies an important position in the whole administrative law enforcement,it plays an important role in the implementation of funeral laws and policies,the management of funeral supplies market,the investigation and punishment of illegal production of funeral supplies,and the management of cemeteries.The group of the law enforcement is the common people at the basic level of society.Once the government does not handle the relationship between the law enforcement and the people well,such as the “Coffin-snatching and coffin-smashing”case in Jiangxi province and the“Flat tomb”case in Zhoukou,Henan province,after combing the two typical cases,the author finds that there are many problems to be solved urgently in the process of funeral law enforcement.Based on the problems existing in the administrative law enforcement of funeral and interment,this paper discusses the countermeasures and suggestions for improving the administrative law enforcement of funeral and interment.The article is divided into three parts:The first part discusses the basic theory of administrative law enforcement of funeral and interment,starting from the origin of funeral and interment,and clarifies the concept of administrative law enforcement of funeral and interment,this paper describes the characteristics of administrative law enforcement of funeral and interment from three aspects of cooperation and specialization,complexity and timeliness,and limitation of power,and expounds the principles of administrative law enforcement of funeral and interment from four aspects of legality and rationality.The second part combs the problems existing in the administrative enforcement of funeral law.Through combing the above three cases,it is revealed that there are four aspects of funeral law enforcement: First,there are defects in the basis of funeral law enforcement,which are manifested in the deviation of the idea of funeral legislation,the imperfection of the funeral law system and the lag of local norms.Second,the subject of funeral law enforcement and its authority is vague,the subject of funeral law enforcement is not clear,the subject of funeral law enforcement authority is not clear.Third,the funeral law enforcement team is weak,not only the number of law enforcement team personnel is insufficient,and the rule of law literacy is low.Fourth,the funeral law enforcement procedures are not standardized,the funeral law enforcement personnel arbitrary increase or decrease law enforcement steps,the funeral law enforcement form is not standardized,and the implementation of funeral enforcement is not in place.The third part is to perfect our country funeral administration law enforcement countermeasure and suggestion.In view of the defects in the basis of funeral law enforcement,this paper proposes to update the concept of funeral legislation,improve the legal system of funeral and burial,and make funeral local legislation according to local conditions.In view of the problem that the main body of funeral law enforcement can not be clearly divided,this paper puts forward to determine the leading position of civil affairs departments in law enforcement and clarify the functions and powers of administrative societies.In order to solve the problem of the weak law enforcement team for funeral and interment,it is necessary to strengthen the construction of the Society for the law enforcement team for funeral and interment,to change the administrative concept of the law enforcement personnel,and to improve the law enforcement personnel’s quality of ruling by law.In view of the non-standard funeral and interment law enforcement procedure,this paper proposes to standardize the funeral and interment law enforcement behavior,change the form of funeral and interment law enforcement and implement the funeral and interment enforcement effectively.