Destruction of ancestral graves is protected by law. Whether the ancestral graves are occupied depends on whether the legal procedures were handled at that time. Generally speaking, according to the situation at that time, no one would spend money to apply for the old grave. Therefore, in fact, ancestral graves are "illegally occupied", but due to the actual situation in China, there are also ancestral graves left over from history. At that time, each immigrant family received compensation of more than 1 10,000 yuan for a cemetery acupoint.

legal ground

The second paragraph of Article 106 of the General Principles of Civil Law, the second paragraph of Article 1 17, Articles 36 and 37 of the Property Law and the crime of insulting a corpse in the Criminal Law all make broad provisions on grave burial.

There are special regulations all over the country, such as the Regulations on Funeral Management (revised 20 12) and the Notice on Disposal of Special Graves.

Minfa [2000] No.93. Hunan Province has: Hunan Province implements the Regulations on Funeral Management. The full text of relevant special terms is attached:

Regulations on funeral management (revised on 20 12)

(1July, 19971adopted at the 60th executive meeting of the State Council1July, 2, 19971the State Council Decree No.225 of the People's Republic of China, according to 2012 1 the State Council of the People's Republic of China.

Amend the Decision of the State Council Municipality on Amending and Abolishing Some Administrative Regulations, which came into effect on July 2/KLOC-0.

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of strengthening funeral management, promoting funeral reform and promoting the construction of socialist spiritual civilization.

Article 2 The policy of funeral management is: actively and step by step implement cremation, reform burial, save funeral land, get rid of funeral habits, and advocate civilized and thrifty funeral management.

Article 3 The civil affairs department of the State Council is in charge of funeral management throughout the country. The civil affairs departments of local people's governments at or above the county level shall be responsible for the funeral management within their respective administrative areas.

Article 4 Cremation shall be carried out in areas with dense population, little arable land and convenient transportation; Burial is allowed in areas that do not have cremation conditions.

The areas where cremation and burial are allowed shall be designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and the civil affairs departments at the corresponding levels shall report to the civil affairs departments of the State Council for the record.

Article 5 In areas where cremation is practiced, the state advocates the disposal of ashes by means of storing ashes, which do not occupy or occupy less land. The people's governments at the county level and the people's governments of cities and autonomous prefectures divided into districts shall formulate specific provisions on cremation.

The plan proposes that new and rebuilt funeral parlours, crematoriums and columbariums should be included in urban and rural construction plans and capital construction plans.

In areas where burial is allowed, the people's governments at the county level and the people's governments of cities and autonomous prefectures divided into districts shall incorporate cemetery construction into urban and rural construction plans.

Article 6 Respect the funeral customs of ethnic minorities; Voluntary reform of funeral customs, others shall not interfere.

Chapter II Management of Funeral Facilities

Article 7 The civil affairs departments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the funeral work planning and funeral needs in their respective administrative areas, put forward the number and layout planning of funeral facilities such as funeral parlours, crematoriums, columbariums, cemeteries and funeral service stations, and submit them to the people's government at the corresponding level for examination and approval.

Article 8 The construction of funeral parlours and crematoriums shall be planned by the people's governments at the county level and the civil affairs departments of the people's governments of cities, autonomous regions and municipalities directly under the Central Government and submitted to the people's governments at the corresponding levels for examination and approval; The construction of funeral service stations and columbariums shall be examined and approved by the people's governments at the county level and the civil affairs departments of the people's governments of cities and autonomous prefectures divided into districts; The construction of cemeteries shall be audited by the people's governments at the county level and the civil affairs departments of the people's governments of cities and autonomous prefectures divided into districts, and then submitted to the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval.

The use of foreign capital to build funeral facilities shall be reported to the civil affairs department of the State Council for examination and approval after being examined and approved by the civil affairs departments of provinces, autonomous regions and municipalities directly under the Central Government.

The establishment of rural villagers' public cemetery shall be reported to the civil affairs department at the county level for examination and approval after the approval of the people's government at the township level.

Ninth without approval, no unit or individual may build funeral facilities.

Rural public cemetery shall not provide graves for people other than villagers.

It is forbidden to establish or restore clan cemeteries.

Tenth prohibit the construction of graves in the following areas:

(1) Cultivated land and forest land;

City parks, scenic spots and cultural relics protection areas;

(3) Near reservoirs, dams and water source protection areas;

(four) on both sides of the railway and highway trunk lines.

Existing graves in the areas specified in the preceding paragraph shall be moved or buried within a time limit, and no graves shall be left, except for cemeteries with historical, artistic and scientific value protected by the state.

Eleventh strictly limit the cemetery grave area and service life. If burial or ashes burial is allowed according to the plan, the area and service life of the grave for burying the remains or ashes shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the central government in accordance with the principle of saving land and not occupying cultivated land.

Twelfth funeral service units should strengthen the management of funeral service facilities, update and transform old cremation equipment to prevent environmental pollution.

Funeral service personnel shall abide by the operating rules and professional ethics, implement standardized and civilized services, and shall not take advantage of their work to obtain property.

Chapter III Disposal of Remains and Funeral Management

Thirteenth remains must comply with the following provisions:

(a) The transport of the remains must undergo necessary technical treatment to ensure hygiene and prevent environmental pollution;

(two) the cremation of the remains must be based on the death certificate issued by the public security organ or the medical institution designated by the administrative department of health of the State Council.

Fourteenth funeral activities shall not disturb public order, endanger public safety, and shall not infringe upon the legitimate rights and interests of others.

Fifteenth in areas where burial is allowed, it is forbidden to bury bodies and build graves anywhere except cemeteries and rural public welfare cemeteries.

Chapter IV Management of Funeral Equipment and Funeral Supplies

Sixteenth cremation machines, corpse trucks, corpse refrigerators and other funeral equipment must meet the technical standards prescribed by the state. It is forbidden to manufacture and sell funeral equipment that does not meet the national technical standards.

Seventeenth prohibit the manufacture and sale of feudal superstitious funeral supplies. It is forbidden to sell coffins and other funeral supplies in areas where cremation is carried out.

Chapter V Punishment

Eighteenth unauthorized construction of funeral facilities, shall be banned by the civil affairs department in conjunction with the construction and land administrative departments, shall be ordered to make restitution, confiscate the illegal income, and may impose a fine of more than 0 times and less than 3 times the illegal income.

Article 19 Where the area of a tomb exceeds the standards set by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the civil affairs department shall order it to make corrections within a time limit, confiscate its illegal income, and may concurrently impose a fine of 1 times but less than 3 times its illegal income.

sequence

Article 20. Burying the remains that should be cremated, or burying the remains and building graves in places other than cemeteries and rural public welfare cemeteries, shall be ordered by the civil affairs department to make corrections within a time limit. sequence

Twenty-first funeral activities that disturb public order, endanger public safety and infringe upon the legitimate rights and interests of others shall be stopped by the civil affairs department; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Twenty-second manufacturing and selling funeral equipment that does not meet the national technical standards shall be ordered by the civil affairs department in conjunction with the administrative department for industry and commerce to stop manufacturing and selling, and a fine of less than 3 times the amount of manufacturing and selling may be imposed.

Those who manufacture and sell feudal superstitious funeral supplies shall be confiscated by the civil affairs department in conjunction with the administrative department for industry and commerce, and may be fined less than 3 times the amount of manufacture and sales.

Twenty-third funeral service personnel take advantage of their work to ask for property, and the civil affairs department shall order them to make restitution; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 24 These Regulations shall come into force as of the date of promulgation. 1985 On February 8th, the State Council issued the Interim Provisions on Funeral Management in the State Council, which shall be abolished at the same time.

Notice on Handling Special Graves (No.93 [2000] of the State Council)

All provinces, autonomous regions and municipalities directly under the central government, Overseas Chinese Affairs Office, Hong Kong and Macao Affairs Office, Taiwan Affairs Office, People's (Religious) Committee (department, bureau) and Cultural Relics Bureau:

After study, it is decided that the relevant issues concerning the handling of special graves are hereby notified as follows:

First, the existing revolutionary martyrs' tombs, celebrity tombs and ancient tombs in the first paragraph of Article 10 of the Regulations on Funeral Management in the State Council, which are listed in the national, provincial, city (county) key martyrs' memorial buildings and cultural relics protection units, should do a good job in the protection and management of the original base. Not included in the centralized and scattered graves of martyrs, after being approved by the local people's government at the same level, the remains can be cremated and the ashes placed or buried in the local martyrs cemetery or cemetery;

The graves of celebrities not listed in cultural relics protection units are moved to local cemeteries; Ancient tombs that have been registered in the general survey should be preserved and protected. In the process of leveling the grave, if cultural relics are found, they should be immediately reported to the local cultural relics administration department and properly handled in accordance with the national laws and regulations on cultural relics protection.

Two, the State Council "funeral management regulations" in the first paragraph of article tenth of the scattered burial base, in principle, moved to the local cemetery. If there is no cemetery, the local ethnic work department shall coordinate the establishment of a cemetery. Before the establishment of the cemetery, it shall be handled in accordance with the provisions of the second paragraph of Article 10 of the Regulations on the Administration of Funeral in the State Council.

Three, the State Council "funeral management regulations" in the first paragraph of article tenth of the existing overseas Chinese, Hong Kong, Macao and Taiwan compatriots cemetery, in principle, moved to the local cemetery (including overseas Chinese cemetery). The graves of some important well-known patriots, important elites in Taiwan Province Province and the ancestral graves of key overseas Chinese workers should be preserved in principle, and specific objects should be strictly controlled. The provincial overseas Chinese affairs office and the competent department of Hong Kong and Macao affairs (Taiwan Province compatriots affairs) put forward a list and submitted it to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval. The reserved grave was built and repaired after the State Council promulgated the Interim Provisions on Funeral Management on February 8th, 1985, and the part exceeding the area and expanding the scale should be cleaned up.

Four, the scope of overseas Chinese, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan should be strictly controlled, and the relevant competent departments at the provincial level shall be responsible for the identification. Spouses, parents, grandparents and other immediate family members of overseas Chinese, foreign Chinese and compatriots in Hong Kong, Macao and Taiwan can refer to the policies applicable to overseas Chinese, foreigners and compatriots in Hong Kong, Macao and Taiwan when dealing with the above problems.