Do you build a cemetery and give it to the village?

Do you build a cemetery and give it to the village? This should not be allowed, because building a cemetery without permission is an illegal act, and it does not belong to one's own property rights, and if it is given to the village, it does not have legal effect, that is, there is no guarantee, and the key is that there is no right.

Regarding the funeral area, the state has a special separate regulation management, and now most areas should be cremated, burial is only allowed in a few areas, and in the public cemetery, of course, this is a regulation, in fact, the general people in the countryside have their own tombs, but these must be historical, that is to say, the existing "private" tombs must exist before the implementation of the regulations, and the new cemetery can not be an individual act, this act itself is illegal, Even if he built it in his own backyard, there was a 'neighboring relationship' in the civil law that constrained him.

Without the consent of the civil affairs organs, it is illegal to build graves without permission, and the parties concerned may report to the local civil affairs organs. Attached: "Regulations on the Administration of Funerals" Article 9 No unit or individual shall 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 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) Near reservoirs and river dams and water source protection zones; (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.

Legal Analysis: It is illegal to build a cemetery without permission.

Legal basis: Land Management Law of the People's Republic of China

Article 37 Where land must be used sparingly for non-agricultural construction, and wasteland may 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 permanent basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Article 75: Where the provisions of this Law are violated by occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, or taking soil on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, the competent departments for natural resources and agriculture and rural affairs of the people's governments at or above the county level shall, in accordance with their duties, order corrections or rectification within a set period of time, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Summary. <>

Hello dear! No villagers' consent is required. Submit an application to the cemetery authority - submit materials - review - approval.

1. The cemetery unit shall, depending on the size of the cemetery, set up a cemetery management organization or employ full-time management personnel to be responsible for the construction, management and maintenance of the cemetery. Cemeteries should be kept clean and solemn. 2. Without approval, public welfare cemeteries are not allowed to operate funeral business.

The tomb management fee for a commercial cemetery shall not be collected at one time for a maximum of 20 years. The burial ground should be economical. 3. For those who bury ashes or remains in a commercial cemetery, the bereaved owner shall pay the tomb rental fee, tomb construction material fee, burial fee and tomb protection management fee according to the regulations.

It is strictly forbidden to build families, clans, and living graves in cemeteries, and to engage in feudal superstitious activities.

Do I need the consent of the villagers to build a cemetery?

Hello dear! No villagers' consent is required. Submit a request to the cemetery department - submit materials - review - approval.

1. The cemetery unit shall set up a cemetery management organization or employ full-time management personnel according to the size of the cemetery area, and shall be responsible for the construction, management and maintenance of the cemetery. Cemeteries should be kept clean and solemn. 2. Without approval, public welfare cemeteries are not allowed to operate funeral business.

The tomb management fee for a commercial cemetery shall not be collected at one time for a maximum of 20 years. The burial ground should be economical. 3. For those who dismantle and bury ashes or remains in a commercial cemetery, the mourner shall pay the tomb rental fee, tomb construction material fee, burial fee and tomb protection management fee according to the regulations.

It is strictly forbidden to build families, clans, and living graves in cemeteries, and to engage in feudal superstitious activities.

Dear, the following is the legal basis I have compiled for you: "Interim Measures for the Management of Cemeteries" Article 7 To establish a cemetery, Sohui Brigade shall apply to the competent department of the cemetery. When applying, the following materials should be submitted to the cemetery authority:

Report on the application for the establishment of a cemetery; the review opinions of the urban and rural construction and land management departments of the world; feasibility report for the establishment of a cemetery; Other relevant materials. The establishment of a public welfare cemetery shall be applied for by the villagers' committee and submitted to the county-level civil affairs department for approval. The establishment of a commercial cemetery shall be submitted by the cemetery building unit to the civil affairs department at the county level, and shall be reviewed and approved by the people at the same level, and shall be submitted to the provincial, autonomous region, and directly governed civil affairs department (bureau) for approval.

Summary. Hello, I am glad to answer for you: according to the provisions of China's land management law, cultivated land can only be used for agricultural production or other rural support and security undertakings, and shall not be used for other purposes.

In addition, the construction of cemeteries also needs to comply with relevant legal regulations, such as the Regulations on the Administration of Cemeteries. Therefore, peasants are not allowed to sell farmland to build public welfare cemeteries. If it is necessary to build a cemetery, it is necessary to go through the relevant procedures in accordance with laws and regulations, and comply with land management regulations and relevant regulations.

Hello, I am glad to answer for you: According to the provisions of China's land management law, the land used in the draft for cultivation can only be used for agricultural production or other rural support and security undertakings, and shall not be used for other purposes. In addition, the construction of cemeteries also needs to comply with relevant legal regulations, such as the Regulations on the Administration of Cemeteries.

Therefore, Jingque farmers are not allowed to sell their farmland to build public welfare cemeteries. If it is necessary to build a cemetery, it is necessary to go through the relevant procedures in accordance with laws and regulations, and comply with land management regulations and relevant regulations.

Data development: According to the relevant laws and regulations of China, farmers cannot sell farmland to build public welfare cemeteries without permission. First of all, China's land management law stipulates that the land owned by the Dadanhong Rural Inventory Register can only be used for agricultural production and the development of collective economic organizations.

If farmers want to use their farmland for other purposes, such as building public welfare cemeteries, they need to go through procedures such as land expropriation, demolition and compensation, and be approved by **. Secondly, China's cemetery management regulations also strictly manage the construction and use of cemeteries. Cemeteries must comply with relevant national and local regulations, and need to go through approval procedures and obtain relevant certificates.

Otherwise, building a tomb on cultivated land without permission is not only illegal and illegal, but may also be regarded as the crime of encroaching on land or destroying cultivated land, and face legal sanctions. To sum up, farmers should not sell their farmland to build public welfare cemeteries without permission, but should abide by relevant laws and regulations, and carry out land acquisition and cemetery construction through formal channels.

Legal Analysis: 1. Whether a private person can open a cemetery.

Cemeteries are public facilities 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.

From its attributes belong to the public, public welfare undertakings. Although the law does not restrict the construction of cemeteries by private individuals, the construction of cemeteries requires strict pre-approval procedures, which are not limited by the law, but the approval procedures are quite strict in operation, and individual office cemeteries cannot be pre-approved.

2. Can the cemetery be transferred?

According to the relevant regulations, cemeteries are not transferable. If you have already bought it, but have not used it yet, it is different from Labi. As long as the cemetery is a new home and the limb return transfer procedures are complete, it is completely feasible, and most of the transferred cemeteries are purchased during the initial construction of the cemetery, which is relatively low and quite affordable.

If there is a blood relationship between the consignor who went through the formalities of buying the tomb at that time and the transferor, some cemeteries may consider transferring, but the community neighborhood committee should make a certificate to prove the relationship between the consignor and the transferor who bought the tomb. When transferring, you need to go through the transfer procedures, and the cemetery where the original blessing is located is responsible for handling it. The user needs to provide the new holder's ID card, the original tomb purchase contract, the original cemetery certificate, and the receipt documents, and pay 100 yuan for the production cost.

3. How to handle for-profit cemeteries.

To establish a cemetery in accordance with Article 7 of the Interim Measures for the Administration of Cemeteries, an application shall be submitted to the competent department of the cemetery.

Article 8 When applying, the following materials shall be submitted to the cemetery authority:

1) Report on the application for the establishment of a cemetery;

2) the review opinions of the urban and rural construction and land management departments;

3) Report on the feasibility of establishing a cemetery;

4) Other relevant materials.

Article 10 The establishment of a commercial cemetery shall be submitted by the cemetery building unit to the civil affairs department at the county level, and shall be reviewed and approved by the people at the same level, and shall be submitted to the provincial, autonomous region, and civil affairs department (bureau) directly under the Central Government for approval.

Article 12 A commercial cemetery shall be formally opened only after the cemetery building unit shall hold the approval documents and obtain a business license from the local industrial and commercial administrative department.

Legal basis: Article 7 of the Interim Measures for the Administration of Cemeteries shall apply to the competent department of cemeteries for the establishment of cemeteries.

Article 8 When applying, the following materials shall be submitted to the cemetery authority:

1) Report on the application for the establishment of a cemetery;

2) the review opinions of the urban and rural construction and land management departments;

3) Report on the feasibility of establishing a cemetery;

4) Other relevant materials.

Article 10 The establishment of a commercial cemetery shall be submitted by the cemetery building unit to the county-level civil affairs department, and shall be reviewed and approved by the people at the same level, and submitted to the provincial, autonomous regional, and municipal civil affairs departments (bureaus) for approval.

Article 12 A commercial cemetery shall be formally opened only after the cemetery building unit shall hold the approval documents and obtain a business license from the local industrial and commercial administrative department.