Recently, a video of "the funeral service shop opened downstairs in the community, and the owner and the owner had a fierce quarrel" attracted attention on the Internet. On the morning of January 10, a reporter from Huashang Daily Gale News learned from the civil affairs department and market supervision department of Ganjingzi District, Dalian City, Liaoning Province, that the relevant departments attach great importance to this matter and will jointly and properly handle it.
Webcast video:
A funeral service shop was opened downstairs in the community, and the owner threw garbage and eggs at the door
On the afternoon of January 9, some netizens posted a video on the Internet, saying: The funeral service downstairs in a community in Qianguan, Dalian, not only violates social order and good customs, but also violates the Civil Code.
In the video, the garbage discarded on the steps of a first-floor shop is clearly visible, and some owners and shop owners are arguing fiercely.
In the video, the owner and the shopkeeper quarreled fiercely
A man who looked like a boss said: My store is more than 1 million, you will make it for me. Two owners, a man and a woman, said: What does it have to do with us about how much money you have? Another owner said: "If your opening of a shop affects our interests, you shouldn't do it downstairs in the community. ”
Some netizens said that the video was filmed in a community in Ganjingzi District, Dalian City, Liaoning Province, and the quarrel started because of the funeral service shop that was about to open on the first floor.
On the morning of January 10, the reporter privately messaged the netizen who posted the video, but as of press time, has not received a reply.
Store Manager:
The renovation has not yet opened, there are legal procedures, and the police have been called
Has the funeral service shop involved had any legal procedures, and what measures have been taken by the shop owner against the irrational behavior of some owners?
On the morning of January 10, a reporter from Huashang Daily Gale News managed to contact the person in charge of the funeral parlor in the video. They said their store was being renovated and had not yet opened.
"Our store has complete procedures, and some owners are suspected of picking quarrels and provoking troubles by throwing garbage and eggs at the door of the store, and we have called the police to deal with it."
The person in charge of the store said that a few days ago, some owners complained that the plaque of their store was too large, and they have removed the previous plaque. "Unexpectedly, we couldn't tear down the plaque and throw garbage in front of the store. ”
"You said that I was not legal, I will rectify it, you said that my plaque is big, I demolished it, you threw garbage and eggs at my door too much, and you have been suspected of picking quarrels and provoking trouble. ”
The video shows a lot of garbage being thrown in front of the store
The person in charge of the store said that if the owner has opinions, he can reflect and complain to the competent department, and he cannot violate the law and damage his legitimate rights and interests.
"The new plaque is in the process of being approved, and we will hang up the new plaque when it is approved. The person in charge of the store said that their previous plaque stated that "transportation of remains" refers to pulling out of the hospital's freezer and sending them to the deceased's place of residence, "Our store does not have the conditions to freeze and store the remains."
On January 10, a reporter from the Gale News of Huashang Daily saw from the previous plaque of the store that the business scope of the store was: wholesale: urns, shrouds, burnt seven supplies, and one-stop service for body transportation.
Functional Departments:
We have received feedback from the masses and will work with relevant departments to properly handle this matter
How do the functional departments deal with the owner's feedback?
"What you reflected, we have received a lot of calls from owners. On the morning of January 10, the staff of the Civil Affairs Bureau of Ganjingzi District, Dalian City, told the Huashang Daily Gale News reporter that as the main body of the market, the business license of the self-employed funeral service shop is issued by the market supervision department, and it does not need to be pre-approved by the civil affairs department, nor does it need to be registered and filed with the civil affairs department (it was required before, and it is now canceled).
"The establishment of this kind of industry address, for the time being, there is no clear legal provision that it cannot be opened in the community. In other words, it is not illegal to open a funeral service shop downstairs in the community. But from the perspective of social Xi and the perception of the owner, it may not be very suitable. ”
A staff member of the Ganjingzi District Civil Affairs Bureau of Dalian City said that they can understand the people's complaints about protecting their rights and interests, but as law enforcement departments, they must have laws to follow.
"After receiving feedback from many owners, we attach great importance to this matter. As for the next step, it is not possible to give a direct and clear answer for the time being, because the civil affairs department is not the examination and approval department. ”
According to the staff, on January 8, they received a report from the owner that the plaque of the funeral shop involved was too large, and they rushed to the scene to understand the situation on the same day. On January 9, the original plaque was removed.
According to the civil affairs department, the previous plaque has been removed after the owner reported it
"Our leaders attach great importance to this matter, and we will work with relevant departments through some channels to see how to properly handle this matter. The above-mentioned staff of the Civil Affairs Bureau of Ganjingzi District, Dalian City, finally said.
On the morning of January 10, a staff member of the Dalian Bay Market Supervision and Management Office of the Ganjingzi District Market Supervision Bureau of Dalian City said that the law does not clearly stipulate the address of a funeral service store opened by an individual industrial and commercial household, and that "a business license can be applied for if you have a real estate certificate."
Netizen voice: Some people think that funeral service is just a profession, as long as it is not illegal;
Some people think that it is inappropriate to open downstairs in the community, which is contrary to public order and good customs
A reporter from Huashang Daily Gale News noticed that after the video was released, netizens discussed "whether a funeral parlor can be opened downstairs in the community", with different views and fierce collisions.
Netizen "394": I can see those things every day when I commute to work, the magnetic field is not good, and the mood is not good every day, how can the community do this?
Netizen "@@" Lou Qun really shouldn't open this, to be honest, he should be a person, he is taboo, and he doesn't dare to go home if he is timid.
Netizen "Green Carp": To tell the truth, it's scary for anyone to have such a store downstairs, and it's not good to think about that wreath.
Netizen "glow": No one is happy with this kind of store opening downstairs, and of course the owners of special occupations do not agree, which is normal.
Netizen "Yu Yu": This side is 500 meters away from the middle school site, next to the shopping mall, above are residential buildings, there is no hospital, no crematorium, no cemetery nearby. This is a new property opened in 2018, if you pass by here every day, can you be happy?
Netizen "Xiaobin": As long as the market supervision department issues a business license, it is legal.
Netizen "168": Most of the funeral industry is just selling funeral supplies, I don't think it's unreasonable, it's just an industry.
Netizen "Pippi": Anyone can encounter red and white things, and it can be legal.
Netizen "Guanhai": Please take out the illegal basis, otherwise it will be unreasonable.
Netizen "588" operates legally and compliantly, and if there is any trouble, the police will be called.
Lawyer's statement: The opening of funeral parlors should take into account the feelings of ordinary people and open reasonably;
Rights protection should be carried out in accordance with the law and rationally
Is it appropriate (legal) for the owner to initiate a boycott if he thinks that opening a funeral service shop downstairs in the community violates public order and good customs and makes him feel uncomfortable? A reporter from Huashang Daily Gale News interviewed lawyer Ren Chenguang, a partner of Beijing Zhongwen Law Firm, and lawyer Jia Yuting of Shaanxi Haogong Law Firm.
According to Ren Chenguang, Article 7 of the State Council's "Regulations on the Administration of Funerals" stipulates that the number and layout planning of funeral facilities such as funeral service stations shall be proposed by the civil affairs department and submitted to the people's government at the same level for approval.
Article 24 of the "Liaoning Provincial Funeral Management Implementation Measures" stipulates that units or individuals that manufacture and sell funeral supplies shall register with the administrative department for industry and commerce. After obtaining the business license, operate in the planning area. In other words, in Liaoning, individual industrial and commercial households do not need to be approved by the civil affairs department to operate funeral service shops.
Jia Yuting pointed out that the "Regulations on the Administration of Funerals" do not stipulate the location of funeral supply stores. However, some provinces and municipalities in the mainland have issued corresponding regulations, generally stipulating that units and individuals that manufacture and sell funeral supplies shall register with the market supervision and administration department and obtain a business license, and prohibit the establishment of funeral supplies sales points on the main streets of towns, on both sides of arterial roads, tourist attractions and residential areas. At the same time, some provinces and municipalities have issued regulations such as funeral implementation rules, but do not have the above provisions.
As for whether it is appropriate to carry out the funeral service industry under residential buildings, Ren Chenguang believes that Article 18 of the "Beijing Special Plan for Funeral Facilities" can be referred to: the location of funeral facilities should be kept at a moderate distance from sensitive functional buildings such as residential areas, villages, schools, and hospitals, so as to alleviate the psychological pressure of surrounding residents. "Therefore, the opening of a funeral service service under the residential building should take into account the inner feelings of the residents. ”
Jia Yu Hall also said that in view of the long-term tradition, although the traditional culture emphasizes "cautious pursuit of the end, the people's morality is thick", but we are in awe of death, some people are secretive about death, and the topic of death has changed, and they do not want to open a funeral supplies store where they live, so the setting of the funeral supplies store should consider the surrounding environment, the living needs and feelings of ordinary people, etc., and make a reasonable layout.
"This kind of shop is suitable for opening in the funeral salon distribution center, near the hospital, the crematorium must pass through or nearby, etc. Jia Yuting said.
Ren Chenguang emphasized that Article 8 of the Civil Code stipulates that civil entities engaged in civil activities must not violate the law and must not violate public order and good customs. According to this regulation, it is necessary to consider public order and good customs and respect the feelings of residents in the funeral service industry. "The owner can report his demands to the civil affairs department, on the one hand, to check whether the store has been approved, and on the other hand, he can ask the civil affairs department to request the relocation of the store. ”
Jia Yu also said that the opening of funeral service shops should not only comply with the provisions on prohibited areas stipulated in the detailed rules for the implementation of funerals in various provinces and municipalities, but also take into account the feelings of ordinary people and open them reasonably.
"The resistance of the owners is understandable, but the boycott should be carried out legally. Jia Yu said that when the owner encounters a similar situation, he can report to the civil affairs department, the public security organ, and the market management department, and the relevant government departments will mediate and deal with it, and should not block the door, abuse or other radical behaviors, otherwise it may violate the law and regulations such as the Public Security Administration Punishment Law.
Huashang Daily Gale News reporter She Hui editor Yue Dong
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