"It's a bit of a bully!"Nanyang, Henan. There is a Cao family's grave next to Liu's homestead. Liu built a pig house, a toilet, and a biogas digester less than one meter from Cao's grandfather's grave. Cao had a lot of opinions on this, and the two sides had many contradictions, and even fought hard. In 2021, Cao wanted to erect a monument on the ancestral tomb, which caused Liu's dissatisfaction, and the tombstone was toppled by Liu less than an hour after it was erected. On the question of whether the tombstone should be erected, the court finally decided. (Source: Henan Nanyang Court).
Cao and Liu are villagers in the same village, and Cao's grandfather died in 1944 and was buried near the village for more than 70 years.
In 1987, after Liu was discharged from the army, he applied for a homestead from the township, and the township issued a farmhouse building permit to Liu.
After Liu got the building permit, he was very happy and built a house on the designated homestead that year.
At first, Liu didn't know that there was a grave next to his homestead, but when Cao's family swept the tomb on the Qingming Festival, he discovered this problem.
Liu regretted it very much, he should have understood it clearly, but seeing that the house had been built, he didn't say anything, but he was still very uncomfortable.
Later, Liu built a pig house, a toilet, and a biogas digester less than one meter from Cao's grandfather's grave.
This caused dissatisfaction among Cao's family, and during the Qingming Festival in 2020, the two sides clashed fiercely, and Cao Mou was angry and knocked down part of the wall of Liu's pig house.
Under the coordination of the village committee, the two sides finally calmed down temporarily.
However, later there were many disputes because of the tomb, and the contradictions between the two sides became bigger and bigger.
In 2021, when Cao erected a monument in front of his grandfather's grave during the Qingming Festival, he was blocked by Liu, and then the town**, village committee and other staff coordinated opinions: Liu demolished the pig house, and Cao's grandfather's grave set aside 15 meters, Cao can erect a monument, Cao compensates Liu 3,000 yuan, but when signing, Liu disagrees, and Cao is not willing to compensate Liu 3,000 yuan.
Due to the many disputes between the two parties over this matter, the Caolou Village Committee unanimously agreed that Cao would erect a monument to his grandfather, and the other status quo should remain unchanged.
On April 10, 2021, under the witness of the members of the village committee, Cao erected a monument in front of his grandfather's grave, and about 40 minutes after all the participants were evacuated, Liu felt that it was too bullying to erect a tombstone next to his homestead, so he knocked down the tombstone erected by Cao, and after Cao learned about it, the two parties had a dispute again and called the police.
On the question of whether Cao could erect a monument in front of his grandfather's grave, the court formed two opinions:
First opinion:No monument can be erected. According to Article 295 of the Civil Code and Article 15 of the Regulations on the Administration of Funerals, the body shall be placed in a cemetery after death, and the remains shall be buried in a flat ground if a cemetery has not been established. Therefore, Cao has a grave in the disputed place, and he cannot erect a monument.
Second opinion:A monument can be erected. According to Article 10 of the Civil Code of the People's Republic of China, "civil disputes shall be handled in accordance with the law;Where there are no provisions in law, custom may be applied, but it must not be contrary to public order and good customs." Cao's erection of a monument to his grandfather's grave conforms to the customs and habits of the masses in the region to pay tribute to their ancestors, and does not violate public order and good customs.
You are the judge, which point of view do you support?The verdict of the court was announced in the comment section.
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