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 of Qingming, when people sweep graves and offer sacrifices to mourn and remember their departed loved ones. This is a traditional practice of the Chinese nation since ancient times, and the cemetery is also a specific place where people 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 case involving a dispute over tort liability triggered by the relocation of an ancestor’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 emotional/mental distress.

During Qingming in a certain year, the siblings surnamed Zeng went to pay their respects and do grave sweeping, but found that their mother’s grave was nowhere to be seen. After reporting it to the police and conducting an on-site inspection together with the village committee, they learned that the original burial plot had been occupied by Zhang San (a pseudonym)’s relative’s grave. Their mother’s remains had been moved by Zhang San without authorization to another place nearby. The siblings surnamed Zeng repeatedly discussed and communicated with Zhang San about restoring their mother’s grave to its original condition, but the other party refused to cooperate.

Zhang San argued: “My family originally had a grave next to the grave of the parents of the siblings surnamed Zeng. During the repair of our own grave, we discovered the nearby grave. We asked local villagers, but no one knew which grave it belonged to, so we moved it ourselves to another location. During the relocation, the remains urn was properly moved, and we built brickwork and fencing to enclose the new site.”

As the parties failed to reach an agreement on compensation, the siblings surnamed Zeng then sued the court, requesting that Zhang San pay for the economic losses from the destruction of the grave, the costs for re-establishing the grave, and compensation for emotional/mental distress.

After hearing the case, the Guangzhou Baiyun District People’s Court ruled that: Zhang San shall compensate the siblings surnamed Zeng for economic losses of RMB 20,000 and pay RMB 8,000 in compensation for emotional/mental distress.

This judgment has taken legal effect.

A judge reminds: Graves are not ordinary “property”

He Heng, an presiding judge handling the case at the Guangzhou Baiyun District People’s Court, said that as a special place for interring the bodies or ashes of the deceased, for the deceased’s close relatives, a grave not only has the attributes of specific property rights, but also carries their deep remembrance of their ancestors and their unique spiritual sustenance.

Pursuant to the 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 Distress in Civil Torts (as amended in 2020), the siblings surnamed Zeng, on this basis, requested that Zhang San pay for economic losses caused by the destruction of the grave, costs for re-establishing the grave, and compensation for mental distress. The court held that they had both factual and legal grounds and therefore supported their claims.

During Qingming grave sweeping and tribute offerings, what matters most is intention, and what is most valuable is respect. When dealing with “matters for after one’s death,” one must be even more cautious and observe more rules. This is both a comfort for the deceased and a protection of the rights of the living, and it is also what ties together social harmony. Graves are not ordinary “property.” They are specific places where grief and remembrance are entrusted, carrying profound personal interests and spiritual value.

A judge reminds that any act of unauthorized relocation, destruction, occupation, or renovation of a grave—even if one is “unaware” or “without malice”—may constitute a tort and requires bearing liability for compensation for both economic and emotional/mental damages. On this occasion of Qingming, the judge calls on people to express their grief and remembrance in a lawful, civilized manner, so that the departed may rest in peace and the living may find solace. Let Qingming observances truly return to the civilized essence of passing down filial piety and nurturing the spirit.

Source: Guangzhou Daily

Original headline: 《A brother and sister in Guangdong went up the mountain for Qingming and found the grave was gone. After checking, they learned the mother’s grave had been occupied by a stranger, and the remains urn had also been moved away without authorization. The court ruled: the party that moved the grave must pay RMB 28k》

Editor: Wang Yimeng

Chief Editors: Wang Shanshan

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