The brother and sister went to the mountain for Qingming Festival and found that the grave was missing. Upon investigation, they discovered that their mother's grave had been encroached upon by strangers, and the urn had also been moved without permission. The court ruled that the party who moved the grave must pay 28k yuan in compensation.

It’s also another year during Qingming, when people sweep graves and offer sacrifices, remembering loved ones who have passed away. This is a traditional custom of the Chinese nation since ancient times, and cemeteries also become a specific place for people to recall their ancestors and express their grief.

According to a report by the Guangzhou Daily, recently, the Guangzhou Baiyun District People’s Court concluded a civil liability dispute arising from the relocation of a deceased relative’s grave. The court ordered the defendant, who had moved someone else’s grave without authorization, to compensate the plaintiff for economic losses and pay damages for mental harm.

During a Qingming period in a certain year, siblings surnamed Zeng went to pay respects, only to find that their mother’s grave was no longer there. After they reported to the police and, together with the village committee, conducted an on-site investigation, they learned that the original burial site had been occupied by Zhang San (a pseudonym)’s relatives’ cemetery, and that their mother’s remains had been moved by Zhang San to a nearby place without permission. The Zeng siblings repeatedly negotiated and communicated with Zhang San to restore their mother’s grave to its original condition, but the other party refused to cooperate.

Zhang San argued: “Our family originally had a grave located adjacent to the grave of the mother of the Zeng siblings. While repairing our family’s grave, we discovered the nearby grave and asked local villagers; no one knew whose it belonged to, so we moved it ourselves to another place. During the move, the urn with the ashes was properly relocated, and we built brick walls and enclosures for the new site.”

Since the two sides were unable to reach an agreement regarding compensation, the Zeng siblings then filed a lawsuit in court, asking Zhang San to pay for economic losses caused by the destruction of the grave, the costs to relocate the grave again, and damages for mental harm.

After trial, the Guangzhou Baiyun District People’s Court ruled: Zhang San shall compensate the Zeng siblings for economic losses of 20,000 yuan and pay damages for mental harm of 8,000 yuan.

This judgment has taken effect.

The judge reminds: A grave is not an ordinary “thing”

Han Heng, a presiding judge at the Guangzhou Baiyun District People’s Court, pointed out that, as a special place for burying the remains or ashes of the deceased, a cemetery, for the decedent’s close relatives, not only has the attributes of specific property rights, but also carries their deep remembrance of their ancestors and a unique spiritual sustenance.

Pursuant to relevant provisions of the Civil Code of the People’s Republic of China and the Supreme People’s Court’s Interpretation on Several Issues Concerning Determining the Liability for Compensation for Mental Damages in Civil Torts (as amended in 2020), the Zeng siblings, on this basis, requested Zhang San to pay for economic losses and the costs for re-establishing the grave as well as damages for mental distress and consolation. The court supported their claims because there were both factual and legal grounds.

In Qingming grave-sweeping, it is the intention that matters most, and respect that matters most. When dealing with “matters after a person’s passing,” we need even more caution and follow the rules more strictly. This is both a form of solace for the departed and a protection of the rights of the living, and it is also what underpins social harmony. A grave is not an ordinary “thing.” It is a specific place that bears sorrow and remembrance, carrying profound personal interests and spiritual value.

The judge reminds that any act of relocating, damaging, occupying, or rebuilding a grave without authorization, even if it is “not aware of it” or “without malice,” may still constitute a tort and require liability for compensation for both economic and mental damages. At this time of Qingming, we call on everyone to express their sorrow and remembrance in lawful and civilized ways, so that the deceased may rest in peace, the living may be comforted, and the ritual of Qingming can truly return to its original civilized meaning of passing down filial piety and nurturing the spirit.

Source: Guangzhou Daily

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