国务院办公厅转发民政部关于进一步加强公墓管理意见的通知
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国办发1998 Reform in the funeral system is to carry out a social reform changing customs and traditions as a component part in the construction of socialist spiritual civilization. The management of cemeteries is the important content of the reform of the funeral system. For over 40 years since the founding of our People's Republic, gratifying achievements have been made in our country's reform of the funeral system. However, there are still some problems we cannot ignore in the construction and management of cemeteries. For instance, some localities approve the construction of cemeteries without planning, resulting in the waste of land resources, the deterioration of ecological environment and the prevalence of feudal superstition on the excuse of making funeral arrangements; some units operating cemeteries (or pagoda cemeteries) conduct illegal marketing activities such as pyramid sales of and speculation in graves and cells for the storage of ashes, which have infringed on the interests of the masses and produced some factors of insecurity. These problems gravely affect the reform of the funeral system and the construction of socialist material and spiritual civilization. Local people's governments at various levels and units concerned should make full understanding of the importance of the construction and management of cemeteries, conscientiously strengthen the leadership and take resolute and effective measures to intensify the management of cemeteries and do a good job in the reform of the funeral system. With the approval of the State Council, we hereby transmit to you the Suggestions Submitted by the Ministry of Civil Affairs on Further Strengthening the Management of Cemeteries. You are required to implement them seriously in the light of actual situations. APPENDIX: SUGGESTIONS ON FURTHER STRENGTHENING THE MANAGEMENT OF CEMETERIES (Submitted by the Ministry of Civil Affairs on January 6, 1998) In recent years, local departments of civil affairs at various levels have made some achievements in strengthening the management of cemeteries (including facilities for the storage of ashes such as pagoda cemeteries, the same below) in accordance with the Report Submitted by the Ministry of Civil Affairs on Strengthening the Management of Cemeteries and the Provisional Measures of the Ministry of Civil Affairs for the Management of Cemeteries, approved and transmitted by the State Council, and have made positive contributions to promoting the reform of the funeral system. However, there are still some problems at present we cannot ignore in the construction and management of cemeteries. Some departments, units or individuals, in defiance of the provisions of the state on the management of cemeteries, approve the construction of cemeteries without planning, resulting in the waste of land resources and the deterioration of ecological environment, and consequently, a large quantity of activities of feudal superstition have reappeared and funeral arrangements become more extravagant following outmoded conventions. Some units operating cemeteries, for the purpose of seeking illegitimate profits, confuse cells for the storage of ashes with general commodities, use appreciation as bait, deceive the masses into scrambling for the cells by purchase, unscrupulously conduct illegal marketing activities of pyramid sales and speculation, which have infringed on the interests of the masses and produced some factors of insecurity. These problems gravely affect the reform of the funeral system and the construction of socialist material and spiritual civilization. In order to conscientiously implement the Regulations on the Administration of Funeral Activities promulgated by the State Council, protect land resources, promote the construction of material and spiritual civilization and maintain social stability, actual and effective measures must be taken to further strengthen the management of cemeteries. Accordingly, we hereby offer the following suggestions. 1. To Conscientiously Develop a Programme for Making Rectifications in the Management of Cemeteries People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize departments of civil affairs, public security, land administration, industry and commerce administration and other relevant departments in concentrating their work on developing a programme for making rectifications in the management of cemeteries during a period of time. (1) Scope of Rectification a. Illegal cemeteries, referring to those constructed without the approval of departments (or bureaux) of civil affairs under provinces, autonomous regions or municipalities directly under the Central Government, as well as those constructed in cooperation with overseas investors by absorbing overseas investments (including from Hong Kong, Macau and Taiwan) without the approval of the Ministry of Civil Affairs and the State Planning Commission. b. Units operating cemeteries, though established with approval, building facilities for feudal superstition in cemeteries, conducting illegal marketing activities or putting cemeteries into operation without the acceptance procedures upon completion of the construction projects. c. Non-profit-making cemeteries selling graves and cells for the storage of ashes, engaging in marketing activities. (2) Measures of Rectification a. Illegal cemeteries constructed within the areas in which the construction of cemeteries is prohibited by the state must be banned and the land occupied shall be handled by departments of land administration according to law. Local people's governments shall, in the light of specific conditions, work out actual and feasible measures to properly solve problems involved. b. With regard to illegal cemeteries constructed in barren hills or wasteland and with a small amount of tombs, local governments shall order units constructing these cemeteries to move tombs to legal cemeteries; if the amount of tombs is so large that it is difficult to move them for the time being, sale of graves shall be stopped and units constructing these cemeteries shall plant trees to beautify the environment within a time limit and subject themselves to supervision of the government department in charge of funeral activities, or shall pay fees for maintaining cemeteries and fees for planting trees and transfer cemeteries to the government department in charge of funeral activities for management. Upon expiration of the period for use of graves, tombs must be moved and the land be restored to its original state. With regard to illegal cemeteries really needed in localities and not contravening the planning for the construction of cemeteries, units constructing cemeteries shall go through the examination and approval procedures and subject themselves to supervision of the government department in charge of funeral activities. c. Those who build facilities for feudal superstition or conduct activities of feudal superstition in cemeteries shall be ordered to stop activities of feudal superstition and demolish facilities for feudal superstition within a time limit. Anyone who disturbs the social order in disregard of dissuasion shall be penalized in accordance with the Regulations on Administrative Penalties for Public Security. d. Illegal marketing activities such as pyramid sales of and speculation in graves and cells for the storage of ashes shall be banned resolutely by taking some measures and shall be penalized according to relevant provisions. e. Non-profit-making cemeteries selling graves and cells for the storage of ashes in violation of provisions shall be ordered to stop the marketing activities. Sales of graves and cells for the storage of ashes shall be treated as illegal acts of transfer. f. Illegal cemeteries constructed without approval after the promulgation of the Regulations on the Administration of Funeral Activities shall be handled in accordance with the provisions of Article 18 of these Regulations. 2. To Further Strengthen the Management of Cemeteries and Take Tight Control of the Development of Cemeteries (1) To take tight control of the development of cemeteries. Departments of civil affairs in provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of the Regulations on the Administration of Funeral Activities and in the light of actual situations, work out the planning for the construction of cemeteries as soon as possible and, upon examination and approval of the people's government at the corresponding level, submit it to the Ministry of Civil Affairs for the record. Construction of new cemeteries shall be suspended before acceptance of the record by the Ministry of Civil Affairs. Efforts shall be made to introduce the modes of handling ashes such as ashes storage, planting trees with ashes and ashes scattering, in which no land or less land will be occupied. The construction of facilities for the storage of ashes shall be planned rationally in the light of the population and its distribution in a locality. In areas having not the conditions to practise cremation, cemeteries for remains must be planned in a scientific manner by selecting sites of cemeteries in barren hills and wasteland, banning the occupation of cultivated land and forest land and advocating deep burials without grave mounds left. Restrictions shall be placed on the development of cemeteries in areas practising cremation because cemeteries there shall be deemed as a way of transition to handle ashes at the present stage and not the aim of our reform in the funeral system. Departments of civil affairs in all localities must comply with the provisions of the Regulations on the Administration of Funeral Activities and the planning for the construction of cemeteries and shall be stricter from now on in examining and approving the construction of cemeteries. (2) To place strict restrictions on the land areas and periods for use of graves. From now on, any tomb for burying ashes of one or two persons shall not cover an area of above one square metre; any tomb for burying remains of a single person not above four square metres and any tomb for burying remains of two persons not above six square metres. From now on, 20 years shall not be exceeded in principle as the period for use of graves and cells for the storage of ashes. (3) To conscientiously strengthen the internal management of units operating cemeteries. Attention shall be paid to plant trees and beautify cemeteries, advocate small-size and diversified gravestones and give more cultural and artistic flavours. Units operating cemeteries shall strengthen the collection and administration of fees for maintenance of cemeteries and fees for planting trees in cemeteries, set up a special account, use the fees for specified purposes and subject themselves to supervision of the department of civil affairs at the next higher level. Within cemeteries constructing facilities for feudal superstition and engaging in activities of feudal superstition shall be strictly prohibited. Constructing cemeteries for clansmen and cemeteries for persons alive shall be strictly prohibited. (4) In principle all units operating cemeteries shall not establish trans-provincial sales agencies. If it is necessary to establish such agencies due to special circumstances, approval shall be obtained from departments of civil affairs at the provincial level in two places where the unit operating a cemetery is located and where the sales agency is to be located. The department for administration of industry and commerce shall handle the registration procedure according to relevant provisions and documents of approval from departments of civil affairs at the provincial levels in two places. (5) Pyramid sales of and speculation in graves and cells for the storage of ashes shall be strictly prohibited. Prices of graves and cells for the storage of ashes shall be fixed reasonably and marked clearly. For supply or sale of graves and cells for the storage of ashes, subscribers shall be required to present the certification of cremation (in areas practising cremation) or the certification of death (in reformed areas practising burials in the ground) and measures shall be taken, such as using standardized burial and arrangement certificates and establishing a strict system for sales and registration, in order to prohibit pyramid sales and speculation and protect the legitimate interests of the masses. (6) Departments of civil affairs in provinces, autonomous regions and municipalities directly under the Central Government shall strengthen the management of cemeteries within their respective administrative regions. An annual inspection system for cemeteries shall be established and perfected, by which annual inspections of cemeteries (including ones constructed in cooperation with overseas investors) shall be conducted seriously in conjunction with other relevant departments. Cemeteries having passed annual inspections may be allowed to continue their business, and those who fail in annual inspections shall be ordered to make corrections within a fixed time limit and, if they refuse to do so within the time limit, shall be ordered jointly by other relevant departments to suspend the business for rectifications. The results of annual inspections shall be made public for supervision. 3. Local People's Governments at All Levels Should Strengthen Leadership and Relevant Departments Should Support and Closely Cooperate with Each Other. Local people's governments at all levels and all relevant departments should proceed from the considerations of the whole country's interests, deepen their understanding of the significance of strengthening the management of cemeteries, conscientiously strengthen leadership and place the rectifications programme in cemeteries on the top of their agenda. The rectifications programme involves a wide range of subjects and is difficult to develop. Therefore, people's governments of provinces, autonomous regions and municipalities directly under the Central Government should, in the light of actual situations of localities and in accordance with the Regulations on the Administration of Funeral Activities and other relevant provisions, work out detailed measures for the rectifications programme in cemeteries and should coordinate their actions well and take actual and effective steps of implementation. Meanwhile, attention should be paid to publicity and education in order to gain the understanding and support from the broad masses of the people, develop the rectifications programme vigorously and steadily, really remove obstacles and resolve problems in the work and ensure the smooth progress in rectifications. Departments of civil affairs at all levels should play their roles as competent authorities, perform their functions in real earnest, report problems emerging in the rectifications in time to the local people's government, offer suggestions for resolving these problems and act as capable advisers and assistants. Considerations shall be given to departments of civil affairs at the grass-roots level and agencies for the administration of funeral activities by bringing into full plan their roles to promote the smooth progress in rectifications. Departments for public security, industry and commerce administration and land administration and other relevant departments should firmly support and closely cooperate with each other and, under the unified leadership of the local government, develop the programme for rectifications in cemeteries. People's governments at the grass-roots level or relevant departments that have approved the construction of cemeteries beyond their respective terms of reference should take vigorous actions to assist departments of civil affairs in making rectifications in cemeteries to which they granted approval. Departments (or bureaux) of civil affairs in provinces, autonomous regions and municipalities directly under the Central Government should report in time the progress in making rectifications in cemeteries to local people's governments and the Ministry of Civil Affairs. |
