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殡葬管理条例 REGULATIONS ON FUNERAL AND INTERMENT CONTROL

2006-05-14 18:21   我要纠错 | 打印 | 收藏 | | |

国务院令第225号
(Promulgated by Decree No. 225 of the State Council of the People's Republic of China on July 21, 1997)
颁布日期:19970721  实施日期:19970721  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated with a view to enhancing funeral and interment control, pushing funeral and interment reform and promoting the building of socialist spiritual civilization.

  Article 2 The policy of funeral and interment control is to practise cremation and reform burial in the ground actively and in steps, economize land for interment, eliminate undesirable customs in funeral and interment and encourage the conduct of funeral services in a civilized way and frugally.

  Article 3 The department of civil affairs under the State Council shall be responsible for funeral and interment control throughout the country. The departments of civil affairs of local People's Governments at or above the county level shall be responsible for funeral and interment control in their respective administrative areas.

  Article 4 Cremation should be practised in areas where there are dense population, less cultivated land and that are easily accessible; burials in the ground shall be permitted in areas where there are no requisite conditions for cremation for the time being. The areas to practise cremation and the areas wherein burials in the ground are permitted shall be delimited by the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government and the delimitations shall be submitted by the departments of civil affairs of the People's Governments at the same level to the department of civil affairs under the State Council for the record.

  Article 5 In areas where cremation is practised, the State encourages the disposal of ashes of the dead by depositing the ashes of the dead or in other ways which do not occupy land or occupy less land. People's Governments at the county level and People's Governments of municipalities with subordinate districts and autonomous prefectures should work out concrete plans for cremation, and integrate the new construction and reconstruction of funeral homes, crematoria and cinerary halls into urban construction plans and capital construction plans.

  In areas where burials in the ground are permitted, People's Governments at the county level and People's Governments of municipalities with subordinate districts and autonomous prefectures should integrate the construction of cemeteries into urban and township construction plans.

  Article 6 Funeral and interment customs of minority nationalities shall be respected; others must not interfere with those who voluntarily reform the funeral and interment customs.

  Chapter II Management of Funeral and Interment Facilities

  Article 7 Department of civil affairs of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government should set forth the numbers and distribution plans of such Funeral and interment facilities as funeral homes, crematoria, cinerary halls, cemeteries and funeral service stations on the basis of the funeral and interment work plans and funeral and interment requirements of their respective administrative areas and submit the same to the People's Governments at the same level for examination and approval.

  Article 8 Schemes for the construction of funeral homes and crematoria shall be put forth by the departments of civil affairs of People's Governments at the county level and People's Governments of municipalities with subordinate districts and autonomous prefectures and submitted to the People's Governments at the same level for examination and approval; construction of funeral service stations and cinerary halls shall be subject to examination and approval by the departments of civil affairs of People's Governments at the county level and People's Governments of municipalities with subordinate districts and autonomous prefectures; construction of cemeteries shall be subject to examination and approval by the departments of civil affairs of People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government for examination and approval upon examination, verification and consent of the departments of civil affairs of People's Governments at the county level and People's Governments of municipalities with subordinate districts and autonomous prefectures.

  Construction of funeral and interment facilities with foreign investment shall be submitted to the department of civil affairs under the State Council for examination and approval upon examination, verification and consent of the departments of civil affairs of People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government.

  Setting up non-profit graveyards for villagers in the rural areas shall be submitted to the departments of civil affairs of People's Governments at the county level for examination and approval upon examination, verification and consent of People's Governments at the village level.

  Article 9 No unit or individual shall construct funeral and interment facilities on their own without approval.

  Non-profit graveyards in the rural areas must not provide land for coffin pits to persons other than the villagers.

  Establishment or restoration of clan graveyards shall be prohibited.

  Article 10 Construction of tombs in the following areas shall be prohibited:

  (1)cultivated land and forest land;

  (2)urban parks, scenic spots and protected areas of cultural relics;

  (3)places around reservoirs, river dykes and dams and protected areas of water sources; and

  (4)either side of trunk lines of railways and highways.

  Existing graves in the prescribed areas in the preceding paragraph, except for those with historical, artistic and scientific values which shall be retained under state protection, should be shifted or buried deep within the specified time period without grave mound.

  Article 11 Area for coffin pits in cemeteries and the duration of years for use shall be strictly restricted. Area for coffin pits for burial of the mortal remains or burial of ashes of the dead and duration of years for use in places where burials in the ground or burials of ashes of the dead are permitted according to plan shall be determined by the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of economy of land and no occupation of cultivated land.

  Article 12 Funeral and interment units should strengthen the management of the funeral and interment service facilities, renew and transform the outmoded cremation equipment to prevent environmental pollution.

  Funeral and interment service personnel should abide by the operational procedures and professional ethics and provide standardized and civilized services, and must not seek monetary and material benefits by availing them selves of the job.

  Chapter III Handling of Mortal Remains and Control of Funeral Activities

  Article 13 The following provisions must be observed in the handling of mortal remains:

  (1)necessary technical treatment must be carried out in the transportation of mortal remains to ensure hygiene and prevent pollution of environment; and

  (2)cremation of mortal remains must be carried out on the presentation of death certificates issued by public security organs or medical institutions designated by the department of public health administration under the State Council.

  Article 14 Conducting of funeral activities must not disrupt public order, endanger public security and infringe upon the legitimate rights and interests of other people.

  Article 15 In areas where burials in the ground are permitted, burials of mortal remains and construction of tombs in any places other than cemeteries and non-profit graveyards in rural areas shall be prohibited.

  Chapter IV Management of Funeral and Interment Equipment and Funeral and Interment Articles

  Article 16 Funeral and interment equipment such as incinerators, hearses and refrigeration chambers for mortal remains must comply with the technical standards prescribed by the State. Manufacture and sale of funeral and interment equipment not meeting state technical standards shall be prohibited.

  Article 17 Manufacture and sale of feudalistic and superstitious funeral and interment articles shall be prohibited. Sale of such articles for burials in the ground as coffins in areas where cremation is practised shall be prohibited.

  Chapter V Penalty Provisions

  Article 18 Whoever constructs funeral and interment facilities on his/her own without approval, the department of civil affairs shall, in conjunction with the departments of construction administration and land administration ban the same, direct him/her to restore the location to original condition, confisticate the illegal income and may impose a fine more than 100% and less than 300% of the illegal income.

  Article 19 For area for coffin pits exceeding the standards prescribed by People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government, the department of civil affairs shall direct that they be corrected within the specified time period, confisticate the illegal income and may impose a fine more than 100% and less than 300% of the illegal income.

  Article 20 For burial in the ground of mortal remains that should be cremated, or burial of mortal remains and construction of tombs in places other than cemeteries and non-profit graveyards in rural areas, directives shall be issued by the department of civil affairs for corrections within the specified time period; compulsory execution shall be enforced for refusal to make corrections.

  Article 21 For disrupting public order, endangering public security and infringing upon the legitimate rights and interests of other people in the conducting of funeral activities, the department of civil affairs shall stop them; for acts constituting violation of public security, the public security organ shall impose penalty for violation of public security regulations according to law; those offences constituting a crime shall be investigated of criminal responsibilities according to law.

  Article 22 Whoever manufactures and sells funeral and interment equipment not meeting state technical standards, the department of civil affairs shall, in conjunction with the department of industry and commerce administration, direct him/her to stop the manufacture and sale and may impose a fine more than 100% and less than 300% of the amount in manufacture and sale.

  Manufacture and sale of feudalistic and superstitious funeral and interment articles shall be confisticated by the department of civil affairs in conjunction with the department of industry and commerce administration, and a fine more than 100% and less than 300% of the amount in manufacture and sale may be imposed.

  Article 23 For those funeral and interment service personnel who avail themselves of the opportunity to seek monetary and material benefits, the department of civil affairs shall direct them to return what they have unlawfully taken; those offences constituting a crime shall be investigated of criminal responsibilities according to law.

  Chapter VI Supplementary Provision

  Article 24 These Regulations come into force as of the date of promulgation. The

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