Does the cemetery you bought have property rights?

How long is the use period of the cemetery? Basically, it is a legal blank. China's regulations in this regard are not as clear as the 70-year property right of individual land. In today's debate, many people use the Interim Measures for Cemetery Management issued by the Ministry of Civil Affairs 1992 to prove that the property right of cemeteries is 20 years. In fact, the "Interim Measures" does not specify the service period of the cemetery, but only stipulates that "the tomb management fee of the operating cemetery shall not exceed 20 years at a time". Note that 20 years is a management fee, not a property right, but also an upper limit. The management fee can be 20 years.

The State Council 1997 passed and issued the Regulations on Funeral Management, which is the superior law of all funeral laws and regulations in various places today, but it only stipulates that the area and service life of cemeteries should be strictly limited. If burial is allowed or ashes are allowed according to the plan, the area and service life of the grave where the remains or ashes are buried shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of saving land and not occupying cultivated land ",and the service life of the cemetery is not stipulated.

The right to use the cemetery should be considered permanent.

Because cemeteries are generally set up by the government, even if they are not directly set up and managed by the government, they must undergo strict examination and access by the government. Moreover, when the cemetery is faced with land acquisition, demolition and other problems and cannot continue to provide services, it is generally covered by the government. All this is enough to prove that the cemetery is a policy institution similar to Fannie and Freddie before the subprime mortgage crisis in the United States. It is not wrong for the public to regard the cemetery as a government-guaranteed institution that provides sustainable services. The reason why ordinary people often spend money at a unit price even higher than the house price is because people expect the cemetery to exist for a long time, even if it doesn't exist, the government will give a statement. If you don't believe me, just search online. How many cemeteries are called "permanent cemeteries"? Therefore, the right to use the cemetery should be regarded as permanent, which does not mean that the cemetery must exist permanently, but when the cemetery changes, the owner of the cemetery has the right to claim compensation from the cemetery operator.

Management fees cannot be confused with property rights.

However, after the promulgation of 1997 "Regulations on Funeral Management", various localities have successively issued clear regulations on the service life of cemeteries, generally stipulating that the maximum service life of graves and cremains is 20 years, which is a complete misunderstanding of 1992 "Interim Measures for the Management of Cemetery" and is also a serious contradiction.

For example, the operating cemeteries around Guangzhou have a service life of 20 years, and now the updated standards have come out. After the expiration, the lease will be renewed at a standard ranging from 2,500 to 3,000 yuan every 20 years. Then the question comes: If the cemetery is also used for 20 years, why does it only cost 2,500 to 3,000 yuan to renew the lease for 20 years, but it costs at least ten times as much for the first use? Isn't "new user" just spending more money to buy a long-term property right, but an "initial installation fee" similar to installing a telephone?

The cemetery has no right to dispose of "expired graves" at will.

Obviously, if the money paid for buying a cemetery is only 20 years' rent, then the new tomb should be equal to the rent for renewal. Since, as the cemetery itself admits, it only needs to pay a few thousand yuan of management fees, it is tantamount to admitting that most of the money spent on buying coffins is actually used to buy cemetery property rights-although this is inconsistent with the 20-year use cycle (actually renting) stipulated by various places.

The most controversial solution is the non-renewal of management fees: according to Article 17 of the Regulations on Funeral Management in Shandong Province, if the cemetery still needs to keep the tomb after 20 years of use, the organizer of the cemetery shall notify the head of the household to go through the renewal procedures within 180 days before the expiration; Fails to handle, according to the main tomb. There are also regulations in various places that if the management fee is not paid within the time limit, it will be the tomb without owner or the tomb to be moved. Similar regulations are obviously extremely inappropriate. Because since it is a tomb owned by others, the owner's default in management fees is an ordinary economic dispute between him and the cemetery management, and the cemetery management has no right to take away the tomb bought by others. This is like a residential property company can't announce the confiscation of the owner's house just because the owner doesn't pay the property fee.