Regulations on the repair of ancestral graves

The relevant provisions of the state on the construction of rural cemeteries are as follows:

1. Without approval, no unit or individual may build funeral facilities. Rural public cemetery shall not provide graves for people other than villagers. Prohibit the establishment or restoration of clan cemeteries;

2, rural villagers set up public cemetery, with the consent of the people's government at the township level, submitted to the civil affairs department of the people's government at the county level for approval;

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

4. Burying the remains that should be cremated underground, or burying the remains and building graves in other 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 8 of the Regulations on the Administration of Funeral & Funeral shall be built by the people's government 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 government at the same level 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 use of foreign capital to build funeral facilities shall be reported to the civil affairs department of the State Council for examination and approval after being examined and approved by the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

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. Tenth prohibit the construction of 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.

Laws and regulations of rural graves

The specific provisions of the rural cemetery are:

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. 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. 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.

The direct dominance, sociality, long-term and stability of the right to use rural cemeteries show that the right to use rural cemeteries has the basic characteristics of real rights. However, due to the uniqueness of the right to use the cemetery, it cannot be defined as the right to contracted management of land, the right to use the construction land, the right to use the homestead, the easement and other real rights in the current law. The principle of statutory property rights has its own rigidity, and the limited recognition theory of customary property rights is a sharp weapon to overcome this drawback. The right to use the cemetery conforms to the conditions of the theory of limited recognition of customary property rights, and its real right effect in the current law is supported by the theory of limited recognition of customary property rights. However, this custom has its own uncertainty. In order to fundamentally solve the problem of cemetery use right, it should be standardized, and the cemetery use right should be defined as an independent type of usufructuary right when the Civil Code is formulated or the Property Law is revised in the future.

Legal basis: Regulations on Funeral Management

Article 3 The civil affairs department of the State Council is in charge of 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.