农村墓地使用权问题研究….doc

摘 要 农村墓地使用权是农村集体经济组织成员依法定程序，以无偿或低偿的价格对集体所有的土地限制用途的合法占有、使用的权利。农村墓地使用权的主体原则上只能是本集体经济组织成员，但是死者近亲属是城镇居民的除外。农村墓地使用权必须经过严格的批准审核程序并以登记的方式进行公示才能取得。只有对墓地使用权给予切实有效的保护才能更好地维护和保障墓地使用权人的权利实现。法律有条件的允许部分特殊群体取得墓地使用权。农村墓地使用权在期限届满时会归于消灭。此外，因法定事由、不可抗力等事由也会导致农村墓地使用权的终止。 关键词：农村墓地使用权；权属；取得与保护；流转与限制；终止 ABSTRACT The right to use rural cemetery is the members of the rural collective economic organizations in accordance with legal procedures, to free or low compensation price of land owned by the collective restricted legal possession, use of a right. The main principle of right to use rural cemetery is only the members of the collective economic organization, but the close relatives of the dead are urban residents are exempt. The rural cemetery use right must go through strict approval procedures and the need for publicity by way of registration. When necessary, can only give the effective protection of the right to the use of the cemetery to safeguard and protect the human rights the right to the use of the cemetery. Part of the special group has cemetery right to use so the law should be limited to allow. At the expiration of the right to use rural cemetery right will perish. In addition, due to legal reasons, such as force majeure reasons may lead to elimination of the right to use rural cemetery. Key words: The right to use rural cemetery; Management authority ; Acquisition and?protection; Circulation and?limit ; Termination 目 录 一、农村墓地使用权的含义·····························································································1 （一）农村墓地使用权的概念·······················································································1 （二）农村墓地使用权的特征·······················································································1 二、农村墓地使用权法律关系的要素·············································································2 （一）农村墓地使用权的主体·······················································································2 （二）农村墓地使用权的客体···········································