Is there a law that cremation is necessary?

There is no requirement for cremation. The funeral regulations promulgated by the state and related cultures advocate cremation, but at present, the law does not force cremation. Ethnic minorities respect their traditional funeral methods.

Although cremation is advocated, after the death of citizens, their relatives are cremated according to national and local requirements. According to the "Regulations on Funeral Management" of the State Council, areas with dense population, little arable land and convenient transportation should be cremated in principle; Where cremation conditions are not met, burial is allowed; At the same time, we should respect the funeral customs of ethnic minorities to their compatriots. Therefore, funeral matters should be subject to local laws and regulations.

The reason for burial is:

(1) In the traditional thinking of farmers, everyone wants to leave a complete body after death and bury it in the ground. There is also an old saying that "fallen leaves return to their roots". No matter how rich or poor this man was before his life, he also wants to be buried in his hometown after his death.

(2) Burial is a traditional custom left over from thousands of years, which requires many ceremonies, not just loess burial. Although cremation saves trouble and land resources, the traditional customs left by our ancestors cannot be lost.

(3) If someone does not follow the custom of burial and adopts cremation, they will be "poked in the heart" by the villagers and be labeled as unfilial. Therefore, most people will not easily adopt cremation.

The country has not abolished cremation. Because, in the funeral reform plan, it is pointed out that cremation should be actively promoted, burial should be reformed, old funeral customs should be broken, and funerals should be thrifty, but cremation is not completely mandatory. Where cremation conditions are not available for the time being, the local government shall, in line with the principle of being conducive to the development of production, construction and development, make unified plans for land for burial, and establish cemeteries in townships or natural villages in barren hills and wasteland. Advocate the burial method of deep underground without leaving graves.

To sum up, according to the relevant provisions of the law, it is not illegal to carry out burial in areas where cremation is not feasible, except for ethnic minorities who are not suitable for cremation because of customs and habits.

Legal basis:

Regulations on funeral management

Article 4 Cremation shall be carried out in areas with dense population, less cultivated land and convenient transportation; Where cremation conditions are not met, burial is allowed.

Areas where cremation and burial are allowed shall be designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and the civil affairs departments of the people's governments at the corresponding levels shall report to the civil affairs departments of the State Council for the record.

Article 5 In areas where cremation is practiced, the state advocates disposing of ashes by storing ashes and other ways that do not occupy or occupy less land. The people's governments at the county level and the people's governments of cities and autonomous prefectures divided into districts shall formulate specific plans for cremation, and incorporate the new construction and transformation of funeral parlours, crematoriums and columbariums into urban and rural construction plans and capital construction plans.

In areas where burial is allowed, the people's governments at the county level and the people's governments of cities and autonomous prefectures divided into districts shall incorporate cemetery construction into urban and rural construction plans.

Article 6 Respect the funeral customs of ethnic minorities; Voluntary reform of funeral customs, others shall not interfere.