The Study On The Legal Problem Of The Right To Use City Profit-making Cemetery

In recent years,the problem and controversy of the right to use city profit-making cemetery has aroused the attention of the society.Our country has a tradition that burial brings peace to the deceased,people here pay a lot attention to the culture of funeral and grave.Families and friends of the deceased would buy a tomb for cherishing the memory of the dead,so the right to use cemetery is related to every citizen.The legal problem of the right to use cemetery is an important problem related to people’s livelihood,it’s necessary to study about it.This thesis divides into four parts,the contact of every part as follow:Cemetery is a kind of facilities used to bury the deceased.It can be divided into two types generally,named private cemetery and public cemetery.Cemetery can be divided into operating cemetery and public cemetery according to REGULATIONS ON FUNERAL AND INTERMENT CONTROL in China.This thesis is focus on city profit-making cemetery.City profit-making cemetery can be defined as a kind of land use right which is for citizens to occupy and use state-owned land to worship their ancestors.To protect the right to use cemetery is reasonable and essential,because it conforms to our ancient traditions,national psychology and modern idea of the law.But there is a lot vacancy about the right to use cemetery in law,and it causes many controversies and problems in practice.To analyze the problem of the right to use cemetery,the first step is to define the nature of this right.There is no regulation about it in our law.Whether it’s a creditor’s right or jus ad rem is no final conclusion now.At this point,the author thinks the right to use cemetery is jus ad rem.The problems of the right to use the city profit-making cemetery is not limited to its nature,but includes problems attended to the subject,object,content and change of the right to use the cemetery.This thesis analyzes the problems of the subject,object,content and the change of the right to use city profit-making cemetery.The thesis would illustrate the particular legal problems of the right to use city profit-making cemetery,aiming at improve and perfect the legislation body and enforce the content of the right to use city profit-making cemetery,in order to establish a good legal order and protect the interests of the right-holders.