The latest national cremation policy

general rule

first

In order to strengthen funeral management, promote funeral reform and promote the construction of socialist spiritual civilization, these regulations are formulated.

second

The policy of funeral management is: actively and step by step carry out cremation, reform burial, save funeral land, get rid of funeral habits, and advocate civilized and thrifty funeral.

essay

The civil affairs department of the State Council is responsible for the funeral management throughout the country. The civil affairs departments of local people's governments at or above the county level shall be responsible for the funeral management within their respective administrative areas.

Article 4

Areas with dense population, little arable land and convenient transportation should be cremated; Burial is allowed in areas that do not have cremation conditions.

Areas where cremation and burial are allowed shall be designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and the civil affairs departments of the people's governments at the corresponding levels shall report to the civil affairs departments of the State Council for the record.

Article 5

In areas where cremation is practiced, the state advocates the disposal of ashes by storing them and other ways that do not occupy or occupy less land. The people's governments at the county level and the people's governments of cities and autonomous prefectures divided into districts shall formulate specific plans for cremation, and incorporate the new construction and reconstruction of funeral parlours, crematoriums and columbariums into urban and rural construction plans and capital construction plans.

In areas where burial is allowed, the people's governments at the county level and the people's governments of cities and autonomous prefectures divided into districts shall incorporate cemetery construction into urban and rural construction plans.

Article 6

Respect the funeral customs of ethnic minorities; Voluntary reform of funeral customs, others shall not interfere.

Funeral management

Article 7

The civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the funeral work planning and funeral needs in their respective administrative areas, put forward the number and layout planning of funeral facilities such as funeral parlours, crematoriums, columbariums, cemeteries and funeral service stations, and report them to the people's government at the same level for examination and approval.

Article 8

The construction of funeral parlours and crematoriums shall be planned by the people's governments at the county level and the civil affairs departments of the people's governments of cities, autonomous regions and municipalities directly under the Central Government and submitted to the people's governments at the corresponding levels for examination and approval;

The construction of funeral service stations and columbariums shall be examined and approved by the people's governments at the county level and the civil affairs departments of the people's governments of cities and autonomous prefectures divided into districts; The construction of cemeteries shall be audited by the people's governments at the county level and the civil affairs departments of the people's governments of cities and autonomous prefectures divided into districts, and then submitted to the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval.

The establishment of rural villagers' public cemetery shall be approved by the people's government at the township level and submitted to the civil affairs department of the people's government at the county level for examination and approval.

Article 9

Without approval, no unit or individual may build funeral facilities.

Rural public cemetery shall not provide graves for people other than villagers.

It is forbidden to establish or restore clan cemeteries.

Article 10

It is forbidden to build graves in the following areas:

(1) Cultivated land and forest land;

City parks, scenic spots and cultural relics protection areas;

(3) Near reservoirs, dams and water source protection areas;

(four) on both sides of the railway and highway trunk lines.

Existing graves in the areas specified in the preceding paragraph shall be moved or buried within a time limit, and no graves shall be left, except for cemeteries with historical, artistic and scientific value protected by the state.

Article 11

Strictly limit the cemetery grave area and service life. If burial or ashes burial is allowed according to the plan, the area and service life of the grave for burying the remains or ashes shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of saving land and not occupying cultivated land.

Twelfth funeral service units should strengthen the management of funeral service facilities, update and transform old cremation equipment to prevent environmental pollution.

Funeral service personnel shall abide by the operating rules and professional ethics, implement standardized and civilized services, and shall not take advantage of their work to obtain property.

Funeral management

Article 13

The disposal of remains must comply with the following provisions:

(a) The transport of the remains must undergo necessary technical treatment to ensure hygiene and prevent environmental pollution;

(two) the cremation of the remains must be based on the death certificate issued by the public security organ or the medical institution designated by the administrative department of health of the State Council.

Article 14

Handling funeral activities shall not disturb public order, endanger public safety or infringe upon the legitimate rights and interests of others.

Article 15

In areas where burial is allowed, it is forbidden to bury bodies and build graves anywhere except cemeteries and rural public welfare cemeteries.

Funeral management

Article 16

Funeral equipment such as cremators, corpse trucks and corpse freezers must meet the technical standards set by the state. It is forbidden to manufacture and sell funeral equipment that does not meet the national technical standards.

Article 17

It is forbidden to manufacture and sell funeral supplies of feudal superstition. It is forbidden to sell coffins and other funeral supplies in areas where cremation is carried out. [2]

Penalty clause

Article 18

Without approval, unauthorized construction of funeral facilities shall be banned by the civil affairs department in conjunction with the construction and land administrative departments, ordered to restore to the original state, and the illegal income shall be confiscated, and a fine of not less than 0 times but not more than 3 times the illegal income may be imposed.

Article 19

If the tomb covers an area exceeding the standards set by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the civil affairs department shall order it to make corrections within a time limit, confiscate its illegal income and may impose a fine of not less than 0 times but not more than 3 times its illegal income.

Article 20

Burying the remains that should be cremated, or burying the remains and building graves in places other than cemeteries and rural public welfare cemeteries, shall be ordered by the civil affairs department to make corrections within a time limit.

Article 21

Handling funeral activities that disrupt public order, endanger public safety and infringe upon the legitimate rights and interests of others shall be stopped by the civil affairs department; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 22

Manufacturing and selling funeral equipment that does not meet the national technical standards shall be ordered by the civil affairs department in conjunction with the administrative department for industry and commerce to stop manufacturing and selling, and a fine of not less than 0 times but not more than 3 times the manufacturing and selling amount may be imposed.

Those who manufacture and sell feudal superstitious funeral supplies shall be confiscated by the civil affairs department in conjunction with the administrative department for industry and commerce, and may be fined less than 3 times the amount of manufacture and sales.

Article 23

Funeral service personnel use their work to ask for property, and the civil affairs department shall order them to make restitution; If a crime is constituted, criminal responsibility shall be investigated according to law.

supplementary terms

Article 24

These Regulations shall come into force as of the date of promulgation. 1985 On February 8th, the State Council issued the Interim Provisions on Funeral Management in the State Council, which shall be abolished at the same time.

Extended data:

Provisions on cremation of traffic accident deaths

There is no specific legal provision on whether to claim compensation after cremation, but in practice, individual courts will require cremation certificates to claim funeral expenses, because there is no cremation and funeral expenses have not actually occurred, so it cannot be claimed. However, most courts do not require this.

Article 41 of the Regulations on Procedures for Handling Traffic Accidents? If a traffic accident causes death, a death certificate shall be issued by the first aid, medical institution or forensic doctor. Bodies should be stored in funeral service units or medical institutions with mortuary conditions. Autopsy shall not be conducted in public. Autopsy requires the consent of relatives.

After the inspection is completed, the relatives of the deceased shall be notified to handle funeral matters within ten days. If the corpse is not disposed of within the time limit without justifiable reasons, it shall be disposed of by the public security organ with the approval of the person in charge of the public security organ at or above the county level, and the expenses for overdue storage shall be borne by the relatives of the deceased.

For the nameless corpse, after the forensic doctor extracts the personal identification materials and collects other relevant information, the traffic management department of the public security organ fills in the Nameless Corpse Information Registration Form and reports it to the relevant departments of the municipal public security organ with districts.

References:

Baidu Encyclopedia-Funeral Management Regulations