Is it illegal for land to be sold by farmers to people from other villages to use as cemeteries?

It is against the regulations for the masses to sell their land resources to others to build tombs without authorization. According to the requirements of Article 75 of the Land Management Law, if it is found that cultivated land is occupied to build kilns, building graves or building houses on arable land without permission, digging sand, mining, mining, soil mining, etc., can be reported to the county-level listed people's ** ecological resources authority, agriculture and rural affairs authority. In accordance with the relevant provisions of Article 9 of the Land Management Law:

The land resources in rural and urban areas are owned by the peasant households and the whole people, except for those owned by the state by laws and regulations. Paragraph 3 of Article 2 of the Land Administration Law requires: "All individuals and units shall not embezzle, trade or otherwise illegally transfer land resources."

According to the relevant provisions of the "Regulations on the Administration of Funeral and Funeral Services", the establishment of funeral service equipment such as public welfare cemeteries for rural villagers must be approved. The first paragraph of Article 9 of the Regulations on the Administration of Funerals clearly stipulates that "all individuals and units shall not build funeral service equipment without approval.

Article 15 of the Regulations on the Administration of Funerals and Funerals requires: "In areas where burials can be made, it is strictly forbidden to bury corpses or build tombs anywhere other than cemeteries and public welfare cemeteries in the countryside." In addition, relevant laws and regulations such as the Land Management Law and the Regulations on the Administration of Funerals and Burials also impose binding requirements on the places where mausoleums are built.

The second paragraph of Article 37 of the Land Management Law clearly stipulates: "It is strictly forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, mine, mine, and mine soil on arable land without permission." "Article 10 of the Regulations on the Administration of Funerals and Funerals requires:

It is strictly forbidden to build burials on agricultural land, forest land, parks, roads, scenic spots, precious cultural relics nature reserves, large reservoirs and river embankments, water sources, railway lines, and on both sides of main roads. "The Regulations on the Administration of Funerals and Burials also set requirements for the total area and service life of cemeteries.

Article 11 of the Regulations on the Administration of Funerals and Burials requires: "The total area occupied by the tomb and the service life shall be determined by the people of provinces, autonomous prefectures, and municipal districts and municipalities in accordance with the standard requirements of saving land resources and not occupying agricultural land." "We often have some land resources, but sometimes our land resources may be contracted by relevant organizations.

But a lot of the time,If we are going to carry out the contract, we will verify our land resources. If some land resources are sold, and the main use that is not used is useless, can the farmer's contracted land be sold to others as a cemetery? The following is written by Hualu to introduce the relevant content for you in detail.

This is not illegal, he can be practical, and he can also have the right to freedom.

It is not illegal, because the land is the property of the peasants, and the peasants are free to enjoy this right. He can do whatever he likes.

It does constitute a violation of the law, because the land is given to the peasants by the state, and it is generally used for farming, and cannot be used to obtain other illegal gains.

It is generally illegal, because if a farmer wants to sell his land, he needs to obtain the consent of the local land management bureau, after all, the farmer's land is a contract system.

Summary. Hello, it is illegal for farmers to sell and buy cemeteries privately, and they can report to the local land office or land bureau. Rural land is collectively owned, and the contractor is not the owner; Land may not be bought or sold in accordance with the law.

If a homestead is needed for rural construction, it shall apply to the village committee in accordance with the law, and report to the county for approval after being reviewed by the township government.

Hello, it is illegal for farmers to sell and buy cemeteries privately, and they can report to the local land office or land bureau. Rural land is collectively owned, and the contractor is not the owner; Land may not be bought or sold in accordance with the law. If the rural housing needs to be searched for homesteads, it shall apply to the village committee in accordance with the law, and report to the county for approval after being reviewed by the township government.

Legal basis: "Land Management Law of the People's Republic of China" Article 2 The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people. Ownership by the whole people, that is, the ownership of state-owned land is exercised by the state.

No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

The State implements a system of paid use of state-owned land in accordance with the law. However, in the Kai type, the state allocates the right to use state-owned land within the scope prescribed by law.

1. Is it illegal to build a cemetery on other people's land without permission?

1. It is illegal to build a cemetery on other people's land without permission. The illegal construction of a cemetery violates the regulations on the management of funerals and burials, the Land Management Law and other provisions, and is illegal, but it does not constitute a violation of the provisions of the Criminal Law of the People's Republic of China, and does not constitute a criminal act. It also depends on whether the private cemetery is a private cemetery or a private cemetery, whether it is on cultivated land or wasteland, and whether it is built in a planned place.

2. Legal basis: Article 8 of the Regulations on the Administration of Funerals.

For the construction of funeral parlors and crematoriums, the civil affairs departments of the people at the county level and the people's governments of districted cities, autonomous regions, and municipalities directly under the Central Government shall put forward a plan and submit it to the people at the same level for approval; The construction of funeral service stations and columbariums shall be examined and approved by the civil affairs departments of the people's ** at the county level and the people** of districted cities and autonomous prefectures; The construction of cemeteries shall be submitted to the people's civil affairs departments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval after being reviewed and approved by the civil affairs departments of the people's governments at the county level and the people's departments of districted cities and autonomous prefectures. The use of foreign capital to build funeral facilities shall be submitted to the civil affairs department for examination and approval after being reviewed and approved by the civil affairs department of the people's government of the province, autonomous region or municipality directly under the Central Government. 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.

2. Is the cemetery legal in the contracted land?

Cemeteries are not legal on contracted land. The land contracted in the rural areas belongs to the village collectives, and the contract is given to the villagers, but the management rights are only contracted out, and the ownership of the land is not changed. The unauthorized construction of graves on the contracted land is itself a violation of the contract and is an act of illegally occupying land and changing the use of land without authorization.

Hello dear<>

From a legal point of view, if the rural cemetery is encroached upon by the villagers, you can first negotiate with the village committee, and if the negotiation fails, you can go to the court to sue to protect your own rights and interests. Legal basis:

Article 342 of the Criminal Law Whoever, in violation of land management regulations, illegally occupies cultivated land, forest land or other agricultural land, changes the use of the occupied land, and the amount is relatively large, causing a large amount of damage to cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention of a person with lead fiber, and/or a fine.

Summary. According to the Land Management Law of the People's Republic of China, rural land is collectively owned and cannot be bought or sold privately. However, rural land does have a form of "circulation", that is, the land is contracted to individuals or families to operate, so as to obtain the right to use the land, but it is still owned by the collective.

Therefore, the sale and purchase of rural land is illegal.

According to the Law of the People's Republic of China on the Management of Land, rural land is collectively owned and cannot be bought or sold privately. However, there is indeed a form of "circulation" in rural land, that is, the land is contracted to individuals or families to operate, so as to obtain the right to use the land, but it is still owned by the collective. Because of this, it is illegal to buy and sell rural land.

I'm still a little confused, can you be more detailed?

According to the Law of the People's Republic of China on the Management of Land, rural land is collectively owned and cannot be bought or sold privately. However, there is indeed a form of "circulation" in rural land, that is, the land is contracted to individuals or families to operate, so as to obtain the right to use the land, but it is still owned by the collective. Because of this, it is illegal to buy and sell rural land.

Without the consent of the civil affairs organs, it is illegal to buy and sell graves without permission, and the parties concerned may report them to the local civil affairs organs.

1. Is it legal to buy private land as a cemetery?

If it violates the law, it is expressly prohibited by the Land Management Law.

Article 36 of the Land Management Law stipulates that land must be used sparingly for non-agricultural construction, and where wasteland can be used, cultivated land shall not be occupied; Where inferior land can be used, good land must not be occupied.

It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization.

It is forbidden to occupy the basic farmland development bureau to check the forest fruit industry and dig ponds for fish farming.

2. The contract for the sale and purchase of cemeteries is invalid.

In the past few years, the purchase and sale of cemeteries has quietly become a trend, and some buyers have not hesitated to pay a lot of money to buy them as an investment, hoping to get a huge appreciation. After a few years, the result is that either the cemetery space has not been delivered, or it cannot be transferred and has not been returned, and it is ready to claim back the money that has been paid, but it is considered that it is bound by the contract and cannot realize the rights.

In fact, the contract for the sale and purchase of the cemetery is invalid!

Article 153 of the Civil Code (in force).

Validity of Civil Juristic Acts in Violation of Mandatory Provisions and Public Order and Good Customs] Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

Notice of the Ministry of Civil Affairs of the General Office on Further Strengthening the Management of Cemeteries": "2. It is necessary to further strengthen the management of cemeteries and strictly control the development of cemeteries (5) It is strictly forbidden to sell pyramid schemes and speculation in tombs and ashes storage spaces. It is necessary to reasonably determine the storage space of the tomb and ashes, and clearly mark the price; With the cremation certificate (cremation area) or death certificate (burial reform area) issued by the user, provide or ** tomb and ashes storage space, use standardized burial and interment rental certificates, establish a strict sales and registration system, and strictly prohibit pyramid schemes and speculation; It is necessary to protect the legitimate rights and interests of the masses.

The Ministry of Civil Affairs' Emergency Notice on Further Strengthening the Management of Cemeteries once again emphasizes that "ashes storage facilities are not ordinary commodities, and they must be purchased and used with the cremation certificate and death certificate issued by the user. Therefore, according to the law, a contract that violates the mandatory provisions of laws and administrative regulations is invalid.

We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.

Legal basis]: Regulations on the Administration of Funerals

Article 10 prohibits the construction of graves in the following areas: (1) arable land and forest land; (2) Urban parks, scenic spots and cultural relics protection areas; (3) Reservoirs and river dams near Yuanlao 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.

Article 20 stipulates that where a body that should be cremated is buried in the ground, or a body is buried or a grave is built in a place other than a cemetery or a public welfare cemetery in a rural area, the civil affairs department shall order it to make corrections within a specified period of time.