Research On Legal Problems Of The Rights To Use Cemetery In China

Because there is a crossing and complex relationship between the funeral way and the traditional funeral culture,Therefore, even though ecological funeral are advocated as a trend in our country, the form of cemetery can not exit the stage of history in a short term, and will exist for a long time. In recent years, news around all the chaos of the right to use cemetery are reported everywhere. However, there is a serious flaw of relevant legislation, so many legal basis for solving the problem can not be found.Cemetery-use right is not a strict legal term, but various theories controversy surrounding the cemetery and cemetery-use right arises to be resolved. Therefore, this paper attempts to analyzes relevant issues from the perspective of the property law, in order to get the preliminary clarity on right system. Starting from the cemetery classification and comparison, this paper clears diverse types of cemeteries in rural area and urban area. Based on defining the legal nature of different types, this paper makes a deep analysis about the legal content between rural public cemetery and the town urban operational cemetery. Besides, based on full consideration of traditional cultural values and people’s spiritual interests, this paper proposes different methods of regulation and ways to resolve disputes for other cemetery forms existing in rural area, to make public recognize and practice; for issues existing in value positioning, market operation and other aspects of urban operating cemetery, this paper puts forward concept of urban public cemeteries.The paper focuses on the discussion of the definition of rights nature on cemetery-use right and right contents of public cemetery, and innovation is to propose regulation methods for other cemetery forms in rural areas, definition of existence period on the right to use urban operating cemetery, improvement of the renewal system.