Is it okay to refuse cremation, and is it illegal not to cremate a person when he dies

China generally requires cremation, and burial can be done in some foreign countries, but if you want to be buried, you have to transport it abroad when the old man has not died, and if it is not cremated in China, it will be forcibly cremated if it is found, or find a particularly remote mountain village to ask The immediate family cannot cremate the body of the deceased without signing.

When the body is cremated, the immediate family members of the deceased must be present to sign, and if the deceased has no immediate family members, the next family members must be present to sign with the certificate of the police station.

According to crematorium regulations:

1. After the death of a person, the bereaved family or unit must obtain a death certificate. If the person dies in the hospital, the hospital shall issue a death certificate; If a person dies of illness at home, the village committee, neighborhood committee, or police station shall issue a death certificate; In the case of death due to unconventional causes, the unit or public security department to which he belongs shall issue a certificate of death or cremation. Then go to the health and epidemic prevention department to go through the relevant procedures, and then go to the local police station to cancel the household registration with the death certificate.

2. After receiving the death certificate, you can call ** or send someone to contact the funeral home, funeral service station or crematorium, book the time of receiving the corpse, and inform the deceased of the name, address, age, gender, cause of death, time of death, location of the body, and the location of the deceased's household registration; Family name, address, **, relationship with the deceased; Whether the deceased is undressed, whether there is a need for a memorial and farewell ceremony, etc. When picking up the body, the bereaved family or unit should prepare the death certificate, required clothing, etc. before the arrival of the corpse car, and the person who died in the hospital should go through the discharge procedures.

3. After the body is transported to the funeral home, the family members in the car (the body car can bring two to three family members) first go to the business room to hand over the death certificate, purchase the urn, receive the cremation certificate, and complete the payment procedures. It generally takes two to three days to take the ashes, and if there are special circumstances that need to be taken in advance, you can go through the procedures for taking the ashes in advance. When attaching ashes, you must take the cremation certificate to collect it at the place where the ashes are taken.

If the body cannot be cremated immediately after being transported to the funeral home, go through the refrigeration procedures for the body in the business room.

4. The bereaved family or unit should contact the undertaker of the funeral home business room in advance, set the rental time, and lease the auditorium, farewell room, wreath, flowers, small white flowers, black yarn and other matters.

5. According to the regulations on the storage of ashes, some can be directly contacted at the cremation place with the cremation certificate, and some can be contacted at the designated columbarium with the cremation certificate. The storage time is generally three years, and it can be renewed if the time is exceeded. If it is not taken or renewed after the expiration date, it will be handled at the discretion of the columbarium.

When going through the ashes storage procedures, the columbarium will fill in and issue the ashes deposit certificate, and the bereaved family or unit should keep it properly, and the holder of the certificate can go to the columbarium at any time to pay respects to the ashes of relatives. The relevant regulations of the columbarium should be observed.

OK. If there is an objection to cremation, cremation can be refused, but certain conditions must be met. According to the Regulations on the Administration of Funerals and Burials, if there is any objection to cremation, an application can be submitted to the local civil affairs department, which will coordinate and handle it.

If there are objections to the outcome of the civil affairs department's disposition, a lawsuit may be filed in the people's court.

Legal Analysis: It is illegal to bury without cremation of human remains. It is not illegal to bury in areas where cremation is not available.

Legal basis: "Regulations on the Administration of Funerals" Article 20 Burial of cremated bodies, burial of remains, and burial of cemeteries in cemeteries other than rural public welfare cemeteries and other places. The civil affairs department orders corrections to be made within a set period of time; If the correction is refused, the cremation system will be enforced.

1. The state implements a cremation system. Except for ethnic minorities who are not suitable for cremation due to customs and habits, cremation shall be practiced.

2. After the death of a rural resident, it is illegal not to cremate the body and carry out burial. Article 20 of the "Regulations on the Administration of Funerals and Burials" provides that where the remains that shall be cremated are buried, or the remains are buried or graves are built in places other than cemeteries and public welfare cemeteries in rural areas, the civil affairs department shall order corrections to be made within a set period of time; where corrections are refused, enforcement may be compulsory.

The act of not being cremated after death is not promoted. In some places, burials are forbidden in the Sakura area. Except in areas where cremation conditions are not available and ethnic minorities who do not practice cremation, it is illegal not to be cremated after death.

The policy of funeral management in our country is: actively carry out cremation step by step, reform burial, save funeral land, eliminate bad funeral customs, and advocate congregation and frugality.

Ethnic minorities respect their traditional burial practices. Although cremation is promoted, the relatives of citizens who have died are also cremated in accordance with national and local requirements. In areas where cremation is practiced, the State advocates the disposal of ashes in the form of deposit and other methods that do not occupy or occupy less land.

Legal basis: "Regulations on the Administration of Funerals and Burials" Article 4 Cremation shall be practiced in densely populated areas, with less cultivated land and convenient transportation; In areas where there are no conditions for cremation, burial is permitted. The areas where cremation and burial are permitted shall be demarcated by the people of provinces, autonomous regions, and municipalities directly under the Central Government, and shall be reported to the civil affairs department for the record by the people's civil affairs department at the same level.

At present, the relevant laws and regulations in China do not clearly stipulate that citizens must be cremated after death. The funeral regulations and related culture issued by the state only advocate cremation, although it advocates cremation, but also respects the funeral customs of ethnic minorities; Where funeral customs are voluntarily reformed, others must not interfere. After the death of a citizen, his or her relatives can also be cremated in accordance with national and local requirements.

In the area where cremation is practiced, the state advocates the disposal of ashes in the form of depository ashes and in the form of not occupying or occupying less land. In areas where the burial of Sun Mengzao is allowed, 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.

Legal analysis: According to relevant regulations, cremation shall be practiced in densely populated areas, with less arable land and convenient transportation; In areas where there are no conditions for cremation, burial is permitted. Where the body that should be cremated is buried, or the body is buried or graves are built in places other than cemeteries and rural public interest cemeteries, the civil affairs departments are to order corrections to be made within a set period of time.

Legal basis: Regulations on the Administration of Funerals

Article 18: Without approval, the construction of funeral facilities shall be banned by the civil affairs departments in conjunction with the construction and land administrative departments, ordered to restore the original state, confiscate unlawful gains, and may be fined between 1 and 3 times the amount of unlawful gains.

Article 19: Where the area of a grave exceeds the standards provided for by the people of provinces, autonomous regions, or municipalities directly under the Central Government, the civil affairs departments are to order corrections to be made within a set period of time, confiscate unlawful gains, and may concurrently impose a fine of between 1 and 3 times the amount of unlawful gains.

Article 20: Where the remains that should be cremated are buried, or where the remains are buried or graves are built in places other than cemeteries and rural public interest cemeteries, the civil affairs departments are to order corrections to be made within a set period of time.

Article 21: Where funeral activities impede public order, endanger public safety, or infringe upon the lawful rights and interests of others, the civil affairs departments are to stop it; where a violation of the administration of public security is constituted, the public security organ shall give a public security administrative sanction in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 22: Where funeral equipment is manufactured or sold that does not meet national technical standards, the civil affairs department, in conjunction with the administrative department for industry and commerce, shall order the manufacture or sale to be stopped, and may impose a fine of between 1 and 3 times the amount of the manufacture or sale. Those who manufacture or sell feudal superstitious funeral articles shall be confiscated by the civil affairs departments in conjunction with the administrative departments for industry and commerce, and may be concurrently fined between 1 and 3 times the amount of the manufacture or sale.

Article 23: Where funeral service personnel take advantage of their work to solicit property, the civil affairs departments are to order restitution; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Not cremating and burying is against the law. Except where the state implements a cremation system where it is not suitable to carry out cremation due to customs and habits, cremation shall be practiced. After the death of a rural resident, it is illegal not to cremate the body and to carry out a burial with local knowledge.

However, it is not illegal to bury in areas where cremation is not available.

Article 4 of the Regulations on the Administration of Funerals and Funerals shall be cremated in densely populated areas, with less arable land and convenient transportation; In areas where there is no condition to practice cremation, burial is allowed.