Specialized provisions, the country's: Funeral Management Regulations (amended in 2012), on special graves to deal with the issue of notice
Minfa [2000] 93. For the whole province of Hunan, there are: Measures for the Implementation of the Funeral Management Regulations in Hunan Province. The full text of the relevant special provisions are attached:
Administrative Regulations Funeral Management Regulations (2012 Amendment)
(Adopted by the 60th executive meeting of the State Council on July 11, 1997) Issued by Decree of the State Council of the People's Republic of China No. 225 of July 21, 1997 According to Decree of the State Council of the People's Republic of China No. 628 of November 9, 2012) (Amended by the Decision of the State Council on Amending and Abolishing Some Administrative Regulations, which came into effect on January 1, 2013
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of strengthening the management of funerals, advancing the reform of funerals, and promoting the construction of socialist spiritual civilization.
Article 2 The guidelines for funeral management are: to actively and systematically implement cremation, reform burials, saving land for burials, eliminating burial customs, and advocating civilized and thrifty funerals.
Article 3 The civil affairs department of the State Council is responsible for the management of funerals throughout the country. The civil affairs departments of local people's governments at or above the county level shall be responsible for the management of funerals in their respective administrative areas.
Article 4 Areas that are densely populated, with little arable land and easy access to transportation, shall carry out cremation; in areas that are not yet in a position to carry out cremation, earth burials shall be permitted.
The areas where cremation is practiced and earth burials are permitted shall be designated by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported by the civil affairs department of the people's government at the present level to the civil affairs department of the State Council for the record.
Article 5 In areas where cremation is practiced, the State promotes the disposal of ashes by means of ash deposit and other means that 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 in the districts shall formulate specific regulations for the implementation of cremation
planning, and incorporate the construction and renovation of new funeral halls, crematoriums and columbaria into the urban and rural construction planning and capital construction plans.
In areas where earth burials are permitted, the people's governments at the county level and the people's governments of cities and autonomous prefectures with districts shall incorporate the construction of cemeteries into urban and rural construction plans.
Article 6 Respect for the funeral customs of ethnic minorities; where funeral customs are reformed voluntarily, others may not interfere.
Chapter II Management of Funeral Facilities
Article 7 The civil affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the planning of funeral work in their administrative regions and the needs of funerals, put forward plans for the number and layout of funeral parlors, crematoriums, columbariums, cemeteries, funeral service stations, and other funeral facilities
for approval by the people's governments of their own levels.
Article 8 The construction of funeral halls and crematoriums shall be proposed by the civil affairs departments of the people's governments at the county level and the people's governments of the cities, autonomous regions and municipalities directly under the Central Government of the People's Republic of China at the district level and submitted to the people's governments at their respective levels for approval; the construction of funeral service stations and columbaria shall be approved by the civil affairs departments of the people's governments at the county level and the people's governments of the cities and autonomous states at the district level; the construction of cemeteries shall be reviewed and approved by the people's governments at the county level and the people's governments of the cities and autonomous states, Autonomous Prefecture People's Government of the civil affairs departments of the county-level people's government and the people's governments of the cities and autonomous prefectures of the region, after examination and approval, reported to the civil affairs departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval.
The use of foreign capital in the construction of funeral facilities, by the provinces, autonomous regions, municipalities directly under the Central People's Government of the civil affairs departments of the State Council for approval after examination and approval.
Rural villagers to set up public cemeteries, the people's governments at the township level, after examination and approval, reported to the civil affairs departments of the people's governments at the county level for approval.
Article IX No unit or individual may build a funeral facility without approval.
Public cemeteries in the countryside may not provide land for graves to persons other than villagers.
The establishment or restoration of clan cemeteries is prohibited.
Article 10 prohibits the construction of graves in the following areas:
(1) Cultivated land and forest land;
(2) City parks, scenic spots and cultural relics preservation zones;
(3) Reservoirs and rivers near dykes and water source preservation zones;
(4) Railroads and highways on both sides of the main lines.
Existing graves in the areas specified in the preceding paragraph shall be relocated or buried y within a limited period of time, with no graves left behind, except for graves of historical, artistic and scientific value which are protected by the state to be retained.
Article 11 Strictly limits the area covered by cemetery graves and the number of years they may be used. Where earth burial or burial of ashes is permitted in accordance with planning, the land area and service life of the graves in which the remains or ashes are buried shall be regulated by the people's governments of the provinces, autonomous regions and municipalities directly under the central government in accordance with the principle of saving land and not occupying arable land.
Article 12 Funeral service units shall strengthen the management of funeral service facilities, update and reform obsolete cremation equipment, and prevent pollution of the environment.
Funeral service personnel shall abide by operating procedures and professional ethics, implement standardized and civilized service, and shall not take advantage of their work to solicit property.
Chapter III Disposal of Remains and Management of Funeral Activities
Article 13 Disposal of remains must comply with the following provisions:
(1) Transportation of remains must be necessary technical treatment to ensure hygiene and prevent pollution of the environment;
(2) cremation of remains must be based on the public security organs or the State Council health administrative department of the medical institutions issued by the death certificate.
Article 14 The conduct of funeral activities shall not disrupt public ****order, jeopardize public ****safety, or infringe upon the legitimate rights and interests of others.
Article 15 In areas where earth burials are permitted, it is prohibited to bury remains or build graves in any place other than cemeteries and public cemeteries in rural areas.
Chapter IV Management of Funeral Equipment and Funeral Goods
Article 16 Funeral equipment, such as cremators, body carriers and corpse freezers, must conform to the technical standards stipulated by the State. It is prohibited to manufacture or sell funeral equipment that does not comply with national technical standards.
Article 17 It is prohibited to manufacture or sell funerary goods of feudal superstition. It is prohibited to sell coffins and other burial goods in areas where cremation is practiced.
Chapter V Penalties
Article 18 If a funeral facility is built without authorization, the civil affairs department, together with the construction and land administration departments, shall prohibit it, order it to be restored to its original state, confiscate the illegal proceeds, and impose a fine of not less than one and not more than three times the illegal proceeds.
Article 19: Where the area occupied by a grave exceeds the standards set by the people's government of a province, autonomous region, or municipality directly under the central government, the civil affairs department shall order rectification within a specified period of time, confiscate the illegal income, and may impose a fine of not less than one and not more than three times the illegal income.
Article 20 Where the remains that should be cremated are buried in the ground, or where the remains are buried or graves are constructed in places other than cemeteries and public cemeteries in the countryside, the civil affairs department shall order rectification within a specified period of time. Article 21 Where the conduct of funeral activities disrupts public **** order, jeopardizes public **** safety, or infringes upon the lawful rights and interests of others, they shall be stopped by the civil affairs departments; where they constitute a violation of public security administration, they shall be punished by the public security authorities in accordance with the law; and where they constitute a
crime, they shall be held criminally liable in accordance with the law.
Article 22 The manufacture or sale of funeral equipment that does not conform to national technical standards shall be ordered by the civil affairs department, in conjunction with the administration for industry and commerce, to cease such manufacture or sale, and may be fined not less than one and not more than three times the amount of the manufacture or sale.
Manufacture and sale of feudal superstitious funeral products, the civil affairs department in conjunction with the administration for industry and commerce shall be confiscated, and may be fined more than one times the amount of manufacture and sale of less than three times the amount of fine.
Article 23 Funeral service personnel who take advantage of their work to solicit property shall be ordered by the civil affairs department to pay back the compensation; 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 on the date of their promulgation, and the Provisional Provisions of the State Council on Funeral Management issued by the State Council on February 8, 1985 shall be repealed at the same time.
Notice on the Handling of Special Graves Minfa [2000] No. 93
Provinces, autonomous regions and municipalities directly under the Central Government Civil Affairs Department (Bureau), Overseas Chinese Affairs Office, Hong Kong and Macao Affairs Office, Taiwan Affairs Office, Minzu (Zong) Committee (Office, Bureau), Bureau of Cultural Relics:
After the study, it was decided to notify the issues related to the handling of special graves as follows:
One: The State Council's "Funeral and Burial Management Regulation" is effective from the date of its promulgation. Article 10, paragraph 1 of the provisions of the existing revolutionary martyrs' graves, graves of celebrities and ancient tombs in the region, which are included in the national, provincial, municipal (county) key martyrs' memorial building protection units and cultural relics protection units, should be done in situ the original base of the protection and management work. Not included in the key and scattered martyrs' graves, after reporting to the local people's government at the same level for approval, the remains can be cremated and the ashes placed or buried in the local martyrs' mausoleums or cemeteries;
Not included in the cultural relics protection unit of the tomb of a well-known person to move into the local cemetery; has been census of the registration of the ancient graves should be retained and protected, and the process of leveling the graves, such as the discovery of cultural relics should be reported to the local cultural relics administration management immediately. If cultural relics are found in the process of leveling graves, they should be immediately reported to the local administrative department of cultural relics and properly handled in accordance with the relevant regulations on the protection of cultural relics.
Second, the State Council's "Funeral Management Regulations," the first paragraph of Article 10 of the region of the scattered burials of the Hui people base, in principle, to move into the local Hui people's cemetery. If there is no Hui people's cemetery, the local ethnic work departments to coordinate the establishment of Hui people's cemetery, before the establishment of Hui people's cemetery, according to the State Council, "Funeral Management Regulations," Article 10, paragraph 2 provisions.
Third, the State Council's "Funeral Management Regulations" Article 10, paragraph 1 of the existing cemeteries of overseas Chinese and compatriots in Hong Kong, Macao and Taiwan, in principle, moved to the local cemeteries (including the cemeteries of overseas Chinese). The graves of some important well-known patriots, important upper-class people in Taiwan and the ancestral graves of key overseas Chinese work targets are, in principle, to be retained, and it is appropriate to grasp the specific targets in a strict manner, and a list must be put forward by the Provincial Overseas Chinese Affairs Office and the departments in charge of Hong Kong and Macao affairs (for Taiwan compatriots) for approval by the people's governments of the provinces, autonomous regions and centrally administered municipalities directly under the Central Government. To be retained graves, February 8, 1985, the State Council "Interim Provisions on Funeral Management" issued by the construction and restoration, beyond the area, expanding the scale of the part to be cleaned up.
Fourth, the scope of overseas Chinese, foreign Chinese, and compatriots in Hong Kong, Macao and Taiwan shall be strictly controlled, and the relevant provincial authorities shall be responsible for identifying them. When dealing with the above issues, the spouses, parents, grandparents and other immediate family members of overseas Chinese, foreign Chinese and compatriots in Hong Kong, Macao and Taiwan can be referred to the policy on overseas Chinese, foreign nationals, compatriots in Hong Kong, Macao and Taiwan.
Ministry of Civil Affairs
Office of Overseas Chinese Affairs of the State Council
Hong Kong and Macao Affairs Office of the State Council
Taiwan Affairs Office of the State Council
State Ethnic Affairs Commission
State Bureau of Cultural Relics
April 17, 2000
Measures for Implementing the "Funeral Management Regulations" in Hunan Province
Chapter I General Provisions
Article 1
According to the State Council's "Funeral Management Regulations", combined with the actual situation in this province, the formulation of these measures.
Article 2
These measures shall apply to funeral activities and their management within the administrative area of this province.
Article 3
The policy of funeral management is to actively and systematically implement cremation, the reform of burial, saving land for burial, the elimination of funeral customs, and advocate civilized and frugal funeral.
Article 4
The people's governments at all levels shall strengthen the leadership of the work of funeral reform, incorporate funeral management into the target management of the government's work, incorporate the funeral business into the overall planning of the development of the local national economy, and incorporate the construction and renovation of funeral facilities into the local urban and rural construction planning and capital construction plans.
Article 5
The civil affairs departments of the people's governments at or above the county level shall be responsible for the management of funerals in their administrative regions. The relevant departments, in accordance with their respective responsibilities, in cooperation with the civil affairs department to do a good job of funeral management.
Township (township) people's governments, street offices, villages (residential) committees, and organs, organizations, enterprises and institutions to assist in the management of funeral work in their own areas.
Article 6
People's governments at all levels and the relevant departments shall reward units and individuals who have made remarkable achievements in actively implementing funeral reform.
Article 7
Citizens shall have the right to report and expose violations of the Funeral Management Regulations and these Measures to the civil affairs and supervisory departments, and no unit or individual shall be subject to retaliation.
Chapter II Cremation and Management
Article 8
The areas where cremation is practiced shall be delimited by the Provincial People's Government:
For the townships (townships) within the delineated areas which are sparsely populated, inconveniently accessible, and which are not in a position to be cremated, cremation may be temporarily suspended after it has been put forward by the people's government at the county level, examined by the people's government of the city or the state, and reported to the Provincial People's Government for approval.
The provincial people's government does not designate the areas where cremation is practiced and the townships (townships) approved in accordance with the provisions of the preceding paragraph that do not practice cremation temporarily may bury their citizens after death.
Article 9
Citizens in cremation zones shall be cremated in their entirety after death:
Citizens in non-cremation zones shall be cremated if they die within the area of the cremation zone.
Citizens who die in non-cremation zones and who have willed to be cremated or expressed a request to be cremated shall be cremated in accordance with their wishes, and no one else may interfere with them.
Article 10
The remains that should be cremated after death shall be cremated locally or in the vicinity of the place of cremation; if, for special reasons, it is necessary to return the remains to the place of the deceased's former residence to be cremated, a certificate shall be issued by the civil affairs department of the county (city or district) in which the deceased resided during his or her lifetime, and shall be approved by the civil affairs department of the county (city or district) in which the death took place.
Article 11
In accordance with the provisions of these measures must be cremated remains, by the deceased's former unit or village (neighborhood) after the cremation of death certificate issued by the People's Committee. However, the following cases are excluded:
(a) in the hospital (including other medical institutions, the same below) died, the owner of the hospital with the death of the notice issued by the funeral parlor in a timely manner to notify the transport of the remains, and handle the procedures for cremation.
(2) due to traffic accidents or other causes of unnatural death of the remains, by the judicial department of forensic identification, notify the owner of the funeral formalities after cremation.
(c) the remains of the unnamed, unoccupied, by the public security department after forensic identification, notify the funeral parlor to pick up and cremation.
The cremation costs required in the preceding paragraph (c), by the county (city, district) financial expenses.
Article XII
The hospitals in the cremation area shall strengthen the management of the hospital morgue, the remains of the dead transported out of the hospital morgue, shall promptly inform the civil affairs department, to prevent the remains from being transported out of the illegal burial.
Article 13
Counties (cities and districts) within the cremation area shall establish cremation funeral homes.
The construction of facilities and equipment of cremation funeral homes shall conform to the technical standards prescribed by the state.
Article 14
Funeral parlors shall receive and transport the remains of the deceased according to the time and place agreed upon with the bereaved, or the bereaved may transport the remains to the funeral parlor by themselves.
Units and individuals other than those stipulated in the preceding paragraph are prohibited from engaging in the operation of funeral service activities such as transportation of human remains.
Article 15
The funeral home shall cremate the body according to the date agreed upon with the owner. The period of preservation of the remains in the funeral parlor shall not exceed seven days, and if there is a need to extend the period of preservation due to special circumstances, it shall be approved by the relevant departments of civil affairs and other relevant departments.
Death due to infectious diseases, the hospital or the owner of the funeral shall promptly report to the health department, and in accordance with the provisions of the prevention and control of infectious diseases, cremated after treatment of the remains.
Article 16
Funeral parlors shall strictly abide by the relevant provisions of the funeral management, the strict implementation of funeral service charges and standards, strengthen internal management, improve the conditions of service, to ensure the quality of service.
Funeral service personnel shall comply with the operating procedures, the implementation of standardized, civilized service, shall not take advantage of the work to ask for and receive property.
Article 17
According to the relevant provisions of the funeral expenses should be issued, pension, the relevant units shall be issued by the funeral parlor cremation of the remains of the certificate for processing.
Chapter III Disposal of Ashes and Cemetery Management
Article 18
Ashes can be preserved by the relatives of the deceased, can also be deposited in the columbarium, or buried in the operating cemeteries and public cemeteries. It is advocated that no ashes be left behind or that they be buried y.
It is prohibited to bury the ashes in a coffin.
Article 19
Operational cemeteries are generally established on a county (city or district) basis. Public cemeteries are generally established on a village-by-village basis.
The establishment and management of cemeteries shall be subject to approval procedures in accordance with the relevant state regulations.
It is prohibited for any unit or individual to illegally build business cemeteries and public welfare cemeteries.
Article 20
Strictly control the area covered by graves in operational cemeteries and public welfare cemeteries.
The grave of a single person whose remains are allowed to be buried in the earth shall not occupy more than 4 square meters; for the joint burial of the remains of more than one person, the land area may be increased by 2 square meters for each additional person.
The area of a grave for the interment of the ashes of less than two persons shall not exceed 1 square meter; the area of a grave for the interment of the ashes of more than three persons shall not exceed 2 square meters.
Article 21
The use of a grave is limited to 20 years. Those who continue to use them after the expiration date shall go through the procedures for using them again; if they fail to go through the procedures after the expiration date, they shall be treated as unoccupied graves.
The construction of perpetual graves is prohibited. Restoration and construction of clan graves is prohibited. It is prohibited to build living people's graves.
Article 22
It is prohibited to sell, speculate, distribute or disguise the sale of graves and ash storage compartments. It is prohibited to set up operational cemetery offices across cities and states.
Article 23
Operational cemeteries and public welfare cemeteries shall be established on barren mountains, wasteland and other land.
It is prohibited to build new operational cemeteries, public welfare cemeteries or other graves on both sides of railroads, main highways and navigable rivers, near reservoirs and river dykes and in water source protection zones, cultural relics preservation zones, cultivated land, scenic spots, residential areas and nature preservation zones.
The local people's government and relevant departments shall clean up the graves that have been built within the area of the preceding paragraph, except for cemeteries with historical, artistic and scientific research value that are protected by the state, and notify the owners of the graves to relocate them, bury them y, and not to leave any graves within a specified period of time.
Chapter IV Management of Funeral Activities
Article 24
Funeral activities shall be conducted in compliance with social morality and shall not impede the public *** order, jeopardize the public *** safety and infringe upon the lawful rights and interests of others, or pollute the environment.
Citizens in urban areas, after death, should be held in funeral homes or other indoor venues for condolence activities. Prohibit the occupation of the road to build a hut for funeral activities. Prohibit along the way out of the funeral firecrackers and scattered paper, plutonium.
Article 25
Manufacture and sale of funeral supplies, must be reviewed and approved by the civil affairs departments at or above the county level, to the same level of industry and commerce administration department to apply for a business license.
Industrial and commercial administration, civil affairs departments shall strengthen the management of the manufacture and sale of funeral supplies. Manufacture and sale of funeral goods units and individuals must accept the industrial and commercial administration, civil affairs departments of the inspection and supervision.
Article 26
It is prohibited to manufacture and sell plutonium banknotes, paper people, paper horses, paper houses and other superstitious funeral goods.
It is prohibited to manufacture or sell coffins and other earthly funeral goods in areas where cremation is practiced.
Chapter V. Legal Liability
Article 27
If a person buries remains that should be cremated, or buries ashes in coffins, the civil affairs department shall order the owner to make corrections within a specified period of time; if the person refuses to make corrections, the civil affairs department shall, together with the relevant departments and the people's governments of the local townships, carry out the enforcement action, with the necessary expenses borne by the owner.
Article 28
In violation of the provisions of these Measures, where graves are constructed in places other than operational cemeteries and public welfare cemeteries; where clan cemeteries are restored and constructed; and where perpetual graves or living people's graves are constructed, the civil affairs departments shall order the parties concerned to make corrections within a specified period of time; if the parties concerned fail to make corrections after the specified period of time, they may be forced to level and destroy them or to relocate them, and the necessary expenses shall be borne by the parties concerned.
Article 29
In violation of these Measures, if any of the following acts is committed, the civil affairs department, in conjunction with the relevant departments, shall order rectification within a specified period of time, confiscate the illegal income, and may impose a fine of not less than double and not more than triple the illegal income.
(I) without approval to open business cemeteries, public cemeteries;
(II) cemeteries over the area of the construction of graves or over the standard erection of tombstones;
(C) the manufacture and sale of feudal superstitious funeral supplies or in the cremation area area of the manufacturing and sales of earth burial supplies.
Article 30
If any person obstructs the public **** order, jeopardizes public **** safety, infringes upon the lawful rights and interests of others, carries out feudal superstitious activities or destroys funeral facilities in funeral activities; engages in unlawful business funeral service activities; or sells and speculates on, or sells or disguises in selling, grave plots and cremation ash storage compartments, he/she shall be stopped by relevant departments of civil affairs, public security, and industrial and commercial administration and management, and shall be Handled in accordance with relevant laws, regulations and rules.
Article 31
If a person obstructs the civil affairs, industry and commerce administration or other departments in the performance of their official duties in accordance with law, he shall be punished by the public security departments in accordance with law by way of public security administration; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Article 32
State officials, employees of enterprises and public institutions who violate the provisions of these Measures shall, in addition to the penalties imposed in accordance with these Measures, be subject to administrative sanctions by the relevant departments or units.
Article 33
If the civil affairs departments, funeral management service organizations and their staffs show favoritism, solicit and accept bribes, abuse their powers, or neglect their duties in funeral management, the relevant departments shall give administrative sanctions to the responsible persons in accordance with the management authority; if the violation constitutes a crime, the person concerned shall be investigated for criminal responsibility according to law.
Chapter VI Supplementary Provisions
Article 34
Where the State has otherwise provided for the funeral activities of ethnic minorities and religious persons, such activities shall be handled in accordance with the relevant provisions of the State.
Funeral matters for residents of the Hong Kong and Macao Special Administrative Regions and Taiwan, overseas Chinese and foreigners shall be handled in accordance with the relevant state regulations.
Article 35
These Measures shall come into force on May 1, 2002.
The Measures for the Implementation of Funeral Management in Hunan Province issued by the Hunan Provincial People's Government on February 18, 1986 shall be repealed at the same time.
Article 16
The funeral parlor shall strictly abide by the relevant provisions of the funeral management, the strict implementation of funeral service charges and standards, strengthen internal management, improve the conditions of service, to ensure the quality of service.
Funeral service personnel shall comply with the operating procedures, the implementation of standardized, civilized service, shall not take advantage of the work to ask for and receive property.
Article 17
According to the relevant provisions of the funeral expenses should be issued, pension, the relevant units shall be issued by the funeral parlor cremation of the remains of the certificate for processing.
Chapter III Disposal of Ashes and Cemetery Management
Article 18
Ashes can be preserved by the relatives of the deceased, can also be deposited in the columbarium, or buried in the operating cemeteries and public cemeteries. It is advocated that no ashes be left behind or that they be buried y.
It is prohibited to bury the ashes in a coffin.
Article 19
Operational cemeteries are generally established on a county (city or district) basis. Public cemeteries are generally established on a village-by-village basis.
The establishment and management of cemeteries shall be subject to approval procedures in accordance with the relevant state regulations.
It is prohibited for any unit or individual to illegally build business cemeteries and public welfare cemeteries.
Article 20
Strictly control the area covered by graves in operational cemeteries and public welfare cemeteries.
The grave of a single person whose remains are allowed to be buried in the earth shall not occupy more than 4 square meters; for the joint burial of the remains of more than one person, for each additional person, the land area may be increased by 2 square meters.
The area of a grave for the interment of the ashes of less than two persons shall not exceed 1 square meter; the area of a grave for the interment of the ashes of more than three persons shall not exceed 2 square meters.
Article 21
The use of a grave is limited to 20 years. Those who continue to use them after the expiration date shall go through the procedures for using them again; if they fail to go through the procedures after the expiration date, they shall be treated as unoccupied graves.
The construction of perpetual graves is prohibited. Restoration and construction of clan graves is prohibited. It is prohibited to build living people's graves.
Article 22
It is prohibited to sell, speculate, distribute or disguise the sale of graves and ash storage compartments. It is prohibited to set up operational cemetery offices across cities and states.
Article 23
Operational cemeteries and public welfare cemeteries shall be established on barren mountains, wasteland and other land.
It is prohibited to build new operational cemeteries, public welfare cemeteries or other graves on both sides of railroads, main highways and navigable rivers, near reservoirs and river dykes and in water source protection zones, cultural relics preservation zones, cultivated land, scenic spots, residential areas and nature preservation zones.
The local people's government and relevant departments shall clean up the graves that have been built within the area of the preceding paragraph, except for cemeteries with historical, artistic and scientific research value that are protected by the state, and notify the owners of the graves to relocate them, bury them y, and not to leave any graves within a specified period of time.
Chapter IV Management of Funeral Activities
Article 24
Funeral activities shall be conducted in compliance with social morality and shall not impede the public *** order, jeopardize the public *** safety and infringe upon the lawful rights and interests of others, or pollute the environment.
Citizens in urban areas, after death, should be held in funeral homes or other indoor venues for condolence activities. Prohibit the occupation of the road to build a hut for funeral activities. Prohibit along the way out of the funeral firecrackers and scattered paper, plutonium.
Article 25
Manufacture and sale of funeral supplies, must be reviewed and approved by the civil affairs departments at or above the county level, to the same level of industry and commerce administration department to apply for a business license.
Industrial and commercial administration, civil affairs departments shall strengthen the management of the manufacture and sale of funeral supplies. Manufacture and sale of funeral goods units and individuals must accept the industrial and commercial administration, civil affairs departments of the inspection and supervision.
Article 26
It is prohibited to manufacture and sell plutonium banknotes, paper people, paper horses, paper houses and other superstitious funeral goods.
It is prohibited to manufacture or sell coffins and other earthly funeral goods in areas where cremation is practiced.
Chapter V. Legal Liability
Article 27
If a person buries remains that should be cremated, or buries ashes in a coffin, the civil affairs department shall order the owner to make corrections within a specified period of time; if the person refuses to make corrections, the civil affairs department, together with the relevant departments and the local township people's government, shall enforce the implementation of the order, and the necessary expenses shall be borne by the owner of the body.
Article 28
In violation of the provisions of these Measures, where graves are constructed in places other than business cemeteries and public welfare cemeteries; where clan cemeteries are restored and constructed; and where perpetual graves or living people's graves are constructed, the civil affairs departments shall order the parties concerned to make corrections within a specified period of time; if the parties concerned fail to make corrections after the specified period of time, they may be forced to level and destroy them or to relocate them, and the necessary expenses shall be borne by the parties concerned.
Article 29
In violation of these Measures, if any of the following acts is committed, the civil affairs department, in conjunction with the relevant departments, shall order rectification within a specified period of time, confiscate the illegal income, and may impose a fine of not less than double and not more than triple the illegal income.
(I) without approval to open business cemeteries, public cemeteries;
(II) cemeteries over the area of the construction of graves or over the standard erection of tombstones;
(C) the manufacture and sale of feudal superstitious funeral supplies or in the cremation area area of the manufacturing and sales of earth burial supplies.
Article 30
If any person obstructs the public **** order, jeopardizes public **** safety, infringes upon the lawful rights and interests of others, carries out feudal superstitious activities or destroys funeral facilities in funeral activities; engages in unlawful business funeral service activities; or sells and speculates on, or sells or disguises in selling, grave plots and cremation ash storage compartments, he/she shall be stopped by relevant departments of civil affairs, public security, and industrial and commercial administration and management, and shall be Handled in accordance with relevant laws, regulations and rules.
Article 31
If a person obstructs the civil affairs, industry and commerce administration or other departments in the performance of their official duties in accordance with law, he shall be punished by the public security departments in accordance with law by way of public security administration; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Article 32
State officials, employees of enterprises and public institutions who violate the provisions of these Measures shall, in addition to the penalties imposed in accordance with these Measures, be subject to administrative sanctions by the relevant departments or units.
Article 33
If the civil affairs departments, funeral management service organizations and their staffs show favoritism, solicit and accept bribes, abuse their powers, or neglect their duties in funeral management, the relevant departments shall give administrative sanctions to the responsible persons in accordance with the management authority; if the violation constitutes a crime, the person concerned shall be investigated for criminal responsibility according to law.
Chapter VI Supplementary Provisions
Article 34
Where the State has otherwise provided for the funeral activities of ethnic minorities and religious persons, such activities shall be handled in accordance with the relevant provisions of the State.
Funeral matters for residents of the Hong Kong and Macao Special Administrative Regions and Taiwan, overseas Chinese and foreigners shall be handled in accordance with the relevant state regulations.
Article 35
These Measures shall come into force on May 1, 2002.
The Measures for the Implementation of Funeral Management in Hunan Province issued by the Hunan Provincial People's Government on February 18, 1986 shall be repealed at the same time.