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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
Circular of the General Office of the State Council Concerning Transmitting Suggestions Submitted by the Ministry of Civil Affairs on Further Strengthening the Management of Cemeteries
殡葬改革是一项移风易俗的社会改革，是社会主义精神文明建设的组成部分。
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.
公墓管理是殡葬改革的重要内容。
The management of cemeteries is the important content of the reform of the funeral system.
建国４０多年来，我国的殡葬改革取得了可喜的成绩，但在公墓建设和管理中也存在着一些不容忽视的问题。
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.
如：一些地方乱批乱建公墓、浪费土地资源、破坏生态环境和借办丧事之机大搞封建迷信活动；
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;
有的公墓（塔陵园）单位利用墓穴和骨灰存放格位进行传销和炒买炒卖等不正当营销活动，损害了群众的利益，引发出一些不安定因素。
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.
这些问题严重地影响了殡葬改革和社会主义两个文明建设。
These problems gravely affect the reform of the funeral system and the construction of socialist material and spiritual civilization.
地方各级人民政府和有关单位要充分认识公墓建设和管理的重要性，切实加强领导，采取坚决有效措施，加大公墓管理的力度，抓好殡葬改革工作。
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.
经国务院批准，现将民政部《关于进一步加强公墓管理的意见》转发给你们，请结合实际情况，认真贯彻执行。
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.
关于进一步加强公墓管理的意见
APPENDIX: SUGGESTIONS ON FURTHER STRENGTHENING THE MANAGEMENT OF CEMETERIES
（民政部一九九八年一月六日）
(Submitted by the Ministry of Civil Affairs on January 6, 1998)
近年来，地方各级民政部门根据国务院批转《民政部关于加强公墓管理的报告》和民政部《公墓管理暂行办法》，加强了对公墓（含塔陵园等骨灰存放设施，下同）的管理，取得了一定成效，对推进殡葬改革起到了积极作用。
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.
但是，当前公墓建设和管理中仍存在一些不容忽视的问题。
However, there are still some problems at present we cannot ignore in the construction and management of cemeteries.
有的部门、单位和个人无视国家对公墓管理的规定，乱批乱建公墓，浪费了土地资源，破坏了生态环境，同时引发出大量的封建迷信活动，滋长了丧事大操大办的陈规陋习；
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.
有的公墓单位为牟取暴利，把骨灰存放格位混同一般产品，以增值为诱饵，欺骗群众竞相购买，大肆进行传销和炒买炒卖等不正当营销活动，损害了群众的利益，引发出一些不安定因素。
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.
这些问题严重地影响了殡葬改革和社会主义两个文明建设。
These problems gravely affect the reform of the funeral system and the construction of socialist material and spiritual civilization.
为认真贯彻落实国务院发布的《殡葬管理条例》，保护土地资源，促进两个文明建设和维护社会稳定，必须采取切实有效措施，进一步加强公墓管理工作。为此，特提出以下意见。
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.
一、要认真开展清理整顿公墓的工作
1. To Conscientiously Develop a Program for Making Rectifications in the Management of Cemeteries
各省、自治区、直辖市人民政府要组织民政、公安、土地、工商等有关部门，集中一段时间开展清理整顿公墓的工作。
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 program for making rectifications in the management of cemeteries during a period of time.
（一）清理整顿的范围。
(1) Scope of Rectification
１．未经省、自治区、直辖市民政厅（局）批准兴建的公墓和未经民政部或国家计委批准立项的吸收外资（含香港及澳门、台湾）合资合作兴建的公墓，即为非法公墓。
a. Illegal cemeteries, referring to those constructed without the approval of departments (or bureaus) 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.
２．虽经批准建立，但在公墓内修建封建迷信设施、搞违法营销活动或未经验收擅自经营的公墓单位。
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.
３．出售墓穴和骨灰存放格位，从事营销活动的公益性公墓。
c. Non-profit-making cemeteries selling graves and cells for the storage of ashes, engaging in marketing activities.
（二）清理整顿的措施。
(2) Measures of Rectification
１．对在国家禁止建墓区域内兴建的非法公墓，必须取缔，所占的土地由土地管理部门依法处理。
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.
地方人民政府要根据具体情况研究切实可行的措施，妥善解决有关问题。
Local people’s governments shall, in the light of specific conditions, work out actual and feasible measures to properly solve problems involved.
２．对建在荒山瘠地、埋葬数量少的非法公墓，由当地政府责令兴建公墓的单位负责将已葬墓穴迁葬至合法公墓内；
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;
对埋葬数量较大，一时难以迁葬的，要责令其停止出售墓穴，兴建公墓的单位要在限期内搞好绿化美化，接受政府殡葬管理部门或提供公墓养护费及绿化费，移交殡葬管理部门管理。
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.
待墓穴使用周期期满后，将墓穴迁出，恢复地貌。
Upon expiration of the period for use of graves, tombs must be moved and the land be restored to its original state.
对当地确实需要，又不违背公墓建设规划的非法公墓，兴建公墓的单位要按规定补办审批手续，接受政府殡葬管理部门的管理。
With regard to illegal cemeteries really needed in localities and not contravening the planning for the construction of cemeteries, units constructing cemeteries
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