Study On The Normative Analysis And Perfect Countermeasures Of Funeral Administrative Law Enforcement

Jiangxi in 2018," grab the coffin smashing " incident,and quickly aroused public anger,triggered heated debate.In fact,as early as 2013 and 2014,similar events occurred in China,such as Henan Zhoukou "flat grave case" and Anhui "coffin recovery" events are the best examples.Funeral administrative law enforcement in the community has a strong response and aroused the attention of many people.Through case study,literature study and legal sociology,this paper analyzes from theory to practice,discusses the particularity and standardization of funeral administration law enforcement,and thinks about how to resolve the resistance.The article consists of four parts:The first chapter discusses the theoretical basis and normative principles of funeral law enforcement.It is mainly to clarify the relevant concepts of funeral law enforcement,the basic elements and principles of the standardization of funeral administrative law enforcement,and to analyze the basis and content of funeral administrative law enforcement.The second chapter summarizes the typical cases in recent years and puts forward some questions.Through sorting out and analyzing typical cases,it is reflected that in the process of administrative law enforcement of funeral in China,there are problems such as the legality of law enforcement basis being in doubt,the content of law enforcement procedures to be further strengthened,unclear division of the functions and powers of law enforcement subjects,and no application of proportionality principle.It also makes normative analysis on administrative law enforcement of funeral and funeral from law enforcement basis,system,procedure and custom.The third chapter investigates the practice experience of some places in China and strives to obtain the beneficial enlightenment.Based on the analysis of practical experience in promoting funeral law enforcement in Weng 'an County of Guizhou Province,Fengxing District of Shanghai City,Yishui County of Shandong Province,Xianyang City of Shaanxi Province and Shimian County of Sichuan Province,this paper summarizes the experience that can be used for reference in some local funeral law enforcement in China,and provides thinking direction for the resistance of administrative law enforcement of funeral in post-cultural interpretation.The fourth chapter considers the direction and possibility of resolving the resistance of funeral administrative law enforcement in China.Based on the previous elaboration and combining with the practical experience of some places,under the guidance of protecting human rights,this paper proposes the following three thinking directions: strengthening the construction of funeral laws and regulations,exploring the law enforcement mode in the field of funeral,and conditionally promoting the work of changing the customs and customs in China's funeral.Funeral to the standardization of administrative law enforcement is not only a social problem but also rise to the problem of law,as well as to objective analysis of the deficiency of this article,in order to funeral difficulties facing the administrative law enforcement to provide the corresponding reference Suggestions,contributing to development of the reform of the funeral business in weak power,push the funeral reform steadily forward.