| There are many differences in the legal system of countries in the world. One very important reason lies in its natural environment and social life. Different geographical conditions and lifestyles form different customs, the customs law had ruled people's life for a long time. The universal folk customs keep reasonable and powerful persistence, so the rulers of countries always consider its own unique customs in the development process of the legal system. As a very important content of the traditional customs of the people's live, funeral customs play an important role. One reason is the importance of Xiao Yi, the other is the association with the feelings of family. In this context, tomb, as the location of mourning, have extraordinary significance. However, conflicts with the reality is that our current laws for the "graves" are very vague. These lead to the civil matters related to disputes on the graves increasing, the other hand, future generations of family graves are lack of rights and benefits. Although in the current legal systems, "Land Management Law", "Cultural Relics Protection Law", "Funeral regulations" have some rules for the graves, but there are many defects. The nature and status of the graves have not made a clear definition, so it will not a fundamental solution to the existence of civil disputes. In order to safeguard the future generations of family members more fully enjoy the rights and interests of their graves, from the basic content of the civil law "thing", the graves can be classified as areas of thing, so that we can protect the relatives'interest.Besides the introduction and the epilogue, the text contains four parts:Part I: The existence of the graves in China and Its Causes. Including distribution and its status disputes. Current distribution showed scattered mess, large scale, difficult to solve. This situation has relation with the land system in China, the traditional custom of "King Cho," and the poor planning of land use.Part II: The basic of the relatives'rights and interests of their graves . Graves, as a special thing, it carries a special meaning, so the nature of future generations'rights are personal interests and property. The basis theory of nature of the rights of future generations on graves are personality, property, customs, law implementation, human rights aspects. Making the foundation of this can safeguard the interests of family members more fully.Part III: The questions of China's existing laws concerning the rights of future generations of the graves. Existing "funeral regulations", "Cultural Relics Protection Law" and other relevant laws on land between the contractor and the interests of future generations of ancestral tombs, ancient burial rights ownership, construction of rural cemeteries are not perfect.At the same time, The deficiency of "Property Law" on issues of graves is a great pity.Part IV: Improving the rights of future generations on their graves. For many of the existing legal questions, the right ideas should focus on the use of land in right way, considering rights of the descendants of ancient tombs, paying attention to the role of traditional practices and promote the building of the rural cemetery, improving "Property Law". So that can give the future generations adequate protection, and give the relatives more protection. |
