Question 15 on the ownership of rural cemeteries

1. If you have negotiated with the owner of the tree before cutting down the tree, and reached an agreement that you do not need to compensate for it, if not, you must compensate according to the market, after all, the tree is someone else's private property.

2. The plaintiff sues you in order to make you compensate for the damaged trees. If the plaintiff does not want you to be buried in his contracted land, you can apply to the village for mediation, if it still does not work, apply to the village for another piece of land for burial, because when the old man dies, he must use a piece of land to be buried in order to be buried in the ground, and the village has this obligation and responsibility. Applying for a cemetery for the deceased is as necessary as applying for a homestead for the living.

Although Article 4 of China's "Regulations on the Administration of Funerals" stipulates that "in areas with dense population, less cultivated land and convenient transportation, cremation shall be practiced; In areas where cremation is not available for the time being, burial is permitted." However, it can be seen that the national policy does not implement absolute cremation or burial in a specific area, so in many cremation areas, farmers still build graves to comfort the dead and fulfill filial piety.

3. If you are required to compensate for the destroyed trees, if there is no previous non-compensation agreement, you must compensate, because it is someone else's private property, and the destruction is an infringement of the ownership of other people's private belongings, and the victim has a legal basis for claiming compensation.

4. If the tree at your grave is planted by you, and you have the custom that the trees next to the graveyard belong to the owner of the cemetery, then you have the right to own the tree, and if it is damaged, you have the right to claim compensation, for the same reason.

The ownership of rural cemeteries is owned by the village collective. The trees planted in the cemetery are owned by the village collective.

The deceased and their burial belongings buried in modern cemeteries belong to the descendants of the deceased.

Land ownership cannot be bought or sold.

The village committee shall, according to the specific circumstances, manage the graves of the deceased in a unified manner.

Rural residents cannot bury the dead in their own contracted land.

The burial of the deceased is in the contracted land, and the grave of the deceased should be moved.

If the land is contracted in the next period, the land contracted in the original contract may not be continued.

According to article 65 of the "Public Security Administration Punishment Law", anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days;

where the circumstances are serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB

1) Intentionally destroying or defacing the graves of others, or destroying or discarding the bones or ashes of others;

The grave of the deceased is protected by law.

1: Yes.

2: You better ask a lawyer, it's a bit professional

3: The land belongs to the contractor, the tree is also the contractor, the tree belongs to the personal property, and you belong to the personal property of others

4: It's hard to say, I don't understand your question too much In fact, there is a grave in the ground, no one likes to ask for it, you can ask the contractor and the relevant **, whether you can contract this land, if it is your own land, it will save a lot of trouble Or go to the relevant departments to ask, and then ask the contractor whether he agrees to the transfer

Hello! First of all, you have to distinguish the nature of the land, the ownership, and the user, and then you will know what is going on and how to deal with it. According to you, this land was originally owned by the collective, but later contracted to households, and belonged to individual land, and after your grandmother died of illness, she was buried in the land contracted by others, and reasonable compensation was given for the losses caused to others.

If you want to sue the other party, the court will not file the case, and you will definitely lose. The other party did not infringe on your rights, on the contrary, your family caused damage to others. Therefore, your family should give each other reasonable compensation.

The legal provisions governing rural cemeteries are as follows:

1. It is stipulated that the establishment of funeral facilities such as public welfare cemeteries for rural villagers must be approved;

2. Restrictions on the location of graves;

3. Stipulate the area and service life of the cemetery tombs;

4. It is stipulated that the funeral customs of ethnic minorities shall be respected.

Cemeteries are public facilities for urban and rural residents to bury ashes and remains. Cemeteries are divided into public welfare cemeteries and commercial cemeteries. Public welfare cemeteries are public cemeteries that provide burial services for the remains or ashes of rural villagers, and if they want to establish public welfare public fundraising, they need to be applied for by the village committee and approved by the county-level civil affairs department.

Legal basisRegulations on the Administration of Funerals

Article 9: No unit or individual may build funeral facilities without approval.

Public interest cemeteries in rural areas must not provide land for graves to persons other than villagers.

It is forbidden to establish or restore clan cemeteries. Article 3 The civil affairs department is responsible for the funeral management work nationwide. The local people's ** civil affairs department at or above the county level is responsible for the management of funerals and burials within their respective administrative regions.

Rural construction cemeteries are public welfare cemeteries and do not charge fees. According to the regulations, the establishment of a cemetery must be subject to an application to the cemetery authority, and the construction can only be carried out after approval. Public welfare cemeteries in rural areas shall be built by rural villagers' committees, and applications shall be submitted by villagers' committees, which shall be reviewed and approved by the people's governments at the township level, and submitted to the people's civil affairs departments at the county level for examination and approval.

Rural public welfare cemeteries that have been approved for construction shall not provide land for graves to persons other than the villagers of the village, and shall not engage in funeral business to the outside world. Article 10 The construction of graves in the following areas is prohibited:

1) Cultivated land and forest land;

2) Urban parks, scenic spots and cultural relics protection areas;

3) Reservoirs and river dams and water source protection areas;

4) Both sides of the main railway and highway lines.

The existing graves in the areas provided for in the preceding paragraph shall be relocated or buried deeply within a set period of time, with the exception of cemeteries with historical, artistic, or scientific value that are protected by the state and shall be retained, leaving no graves.

The ownership of rural cemeteries is owned by the village collective. The trees planted in the cemetery are sold and owned by the Mengqi Village collective. The ownership of the urban cemetery is vested in the state of the branch. Land ownership cannot be bought or sold.

The legal provisions on rural cemeteries have the following points: 1. In areas where burial is permitted, the people at the county level and the people of districted cities and autonomous prefectures shall include the construction of cemeteries in the urban and rural construction plans; 2. Where the funeral customs of ethnic minorities are respected and the funeral customs are voluntarily reformed, others must not interfere; 3. No unit or individual shall build funeral facilities without approval; 4. Public welfare cemeteries in rural areas shall not provide grave land for persons other than villagers; 5. It is forbidden to establish or restore clan cemeteries. Article 3 of the Interim Measures for the Administration of Cemeteries Cemeteries is a public facility for urban and rural residents to bury ashes and remains.

Cemeteries are divided into public welfare cemeteries and commercial cemeteries. A public cemetery is a public cemetery that provides burial services for the remains or ashes of rural villagers. A commercial cemetery is a public cemetery that provides paid services for the burial of ashes or remains of urban residents, and belongs to the tertiary industry.