Legal scholars ask for a discussion on the issue of rural cemeteries

More complicated, cemetery expropriation compensation has two natures: land expropriation compensation and comfort for the relatives of the deceased. So, first find out whether your ancestral cemetery is located on whose contracted land, or on rural self-reserved land, or on public land, or on whose homestead it belongs to.

If it is located on your contracted land, your cousin is not entitled to compensation, you can go to your cousin or you can go to the miner.

If it is located on someone's own land, the self-reserved land is generally contracted by whoever pays the compensation to whom, or compensates the village collective.

If it is located on a homestead to which it belongs, the homestead owner has the right to it.

If it is on public land, then the compensation you get does not have the meaning of compensation for land expropriation, but only the payment given by the mine to comfort the family of the deceased, regardless of who owns the land, in this case, the mine is not obliged to consider who to give the money to, you can only negotiate with your cousin about the distribution of compensation.

You can ask your cousin for an explanation, because he has no right to dispose of your landed property and your grandparents' grave, and you should have a share of the benefits, and you can sue the court for him to return it.

The first question is, who does the ancestral tomb land belong to? If it belongs to your deceased grandfather, it will be inherited by your grandfather's children. If the child is absent, the child's child shall inherit on his behalf.

It's like your cousin inherits on behalf of his parents, but your parents are still there, and you can't inherit it. Therefore you are not a qualified subject to prosecution, your parents are.

The second question is, what is the nature of the land? Contracted land or homestead?

The third question is that you can find your cousin and the mine owner as co-defendants. If it is a property that you jointly own, both parties are infringing.

The specific provisions for rural cemeteries are:

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.

The civil affairs department is responsible for the management of funerals and burials throughout the country. 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. 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.

The right to use rural cemeteries.

The characteristics of direct dominance, temporality, long-term and stability show that the right to use the cemetery has the basic characteristics of property rights. However, due to the uniqueness of the right to use the cemetery, it cannot be characterized as a property right such as the right to contract and manage land, the right to use construction land, the right to use homestead, and the right to easement in the current law. The legal principle of property rights has its own rigidity, and the "doctrine of limited recognition of property rights in common law" is a powerful tool to overcome the drawbacks of legal rights in rem.

The right to use the cemetery meets the conditions of the "theory of limited recognition of customary property rights", and its effect on the property rights in the current law is supported by the theory of "limited recognition of customary property rights". However, custom has its own uncertainties, and in order to fundamentally solve the problem of the right to use cemeteries, it should be standardized, and the right to use cemeteries should be stipulated as an independent type of usufructuary right when the Civil Code is formulated or the Property Law is amended in the future.

Legal basis: Regulations on the Administration of Funerals

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.

Legal Analysis: In areas where burial is permitted, it is forbidden to bury human remains and build graves anywhere other than cemeteries and public welfare cemeteries in rural areas.

Legal basis: Regulations on the Administration of Funerals and Funerals.

Article 5: In areas where cremation is practiced, the State advocates the disposal of ashes by depositing ashes and other methods that do not occupy or occupy less land. The people at the county level and the people of districted cities and autonomous prefectures shall formulate specific plans for the implementation of cremation, and include the construction and renovation of funeral homes, crematoriums, and columbariums in urban and rural construction plans and capital construction plans. Public welfare cemeteries are set up for villagers in rural areas, and after being reviewed and approved by the township-level people, they shall be submitted to the county-level people's civil affairs department for approval.

Article 9: No unit or individual may build funeral facilities without approval. Public welfare cemeteries in rural areas must not provide land for grave reeds to persons other than villagers. It is forbidden to establish or restore clan tombs.