On March 26, Nantong City, Jiangsu Province issued the "Notice on Prohibiting the Manufacturing and Sale of Feudal Superstitious Funeral Supplies", requiring that any unit or individual in the city be prohibited from manufacturing and selling feudal superstitious funeral supplies such as paper money and paper objects.
According to the notice, those who violate the provisions shall be confiscated by the civil affairs department at or above the county level in conjunction with the market supervision and management department at the same level, and may be fined between 1 and 3 times the amount of manufacturing and sales. If a violation of the administration of public security is constituted, the public security organ shall impose a public security administrative penalty in accordance with law; if a crime is constituted, criminal responsibility shall be investigated according to law.
After the announcement was issued, it quickly aroused public opinion controversy, whether the notice was suspected of "one size fits all"?
Relevant policies have been introduced in many places
The reporter searched and found that the public information of the national laws and regulations database showed that in recent years, many places have introduced policies to promote civilized sacrifices and change customs, and prohibit the manufacture and sale of feudal superstitious funeral supplies.
- Article 15 of Chapter 3 of the Harbin Funeral Management Regulations points out that it is forbidden to place or burn feudal superstitious funeral articles such as dead coins and paper figures, paper horses (cattle) and other pasty in funeral activities, or engage in feudal superstitious activities such as witches and gods.
- Article 22 of Chapter 4 of the Lanzhou Funeral Management Measures also stipulates that it is forbidden to manufacture and sell feudal superstitious paper money, paper bundles and other funeral supplies.
- Article 7 of the "Qingdao Provisions on Prohibiting the Burning and Scattering of Funeral and Funeral Articles" also mentions that it is forbidden to sell feudal superstitious funeral and memorial articles. Where provisions are violated, the market regulation department shall order corrections, confiscate feudal superstitious funeral and memorial items, and may impose a fine of between one and three times the sales amount.
- Article 16 of Chapter 3 of the "Chongqing Funeral Management Regulations" stipulates that it is forbidden to manufacture and sell feudal superstitious funeral supplies such as yin coins, dark coins, and paper ties. It is forbidden to sell coffins and other burial supplies in cremation areas.
Is there a law to prohibit the sale of paper and coins?
According to Fu Jian, director of Henan Zejin Law Firm, mainland law does not clearly prohibit the sale of dark coins and papers, and the government can formulate departmental rules without violating the superior law, but it should fully consider the actual local situation and the views of the people to ensure that the implementation of the rules can meet the expectations of the masses to the greatest extent.
According to the provisions of the "Regulations on the Administration of Funerals and Burials" in the mainland, those who manufacture and sell feudal superstitious funeral supplies shall be confiscated by the civil affairs department in conjunction with the administrative department for industry and commerce, and may be fined not less than 1 time but not more than 3 times the amount of the manufacture and sales.
In this regard, folklorist Zhao Shu said in an interview with this reporter that "feudal superstition" involves how to characterize it and whether it meets the requirements of modern society, and we cannot draw conclusions at will. Zhao Shu believes that whether the sale of funeral supplies boils down to "feudal superstition" depends on the nature. "For example, if there is fraud in the sales process, it may involve superstition. In addition, Zhao Shu believes that different places also have different requirements for funeral supplies, and the local situation should also be considered.
As for whether it is necessary to prohibit sales, Zhao Shu believes that it should be based on certain premises. "From the point of view of safety and fire protection, it needs to be banned. However, in the process of implementing green sacrifices, Zhao Shu emphasized that it takes time to change habits, and changes to traditional sacrifices should not be forced.
Wang Guohua, deputy director of the Expert Committee of the China Funeral Association of the Ministry of Civil Affairs and an expert on funeral issues, said in an interview with the media that the sacrificial behavior should be managed accordingly, but management does not mean "one size fits all". Sacrificial sweeping is a folk behavior and culture, there is a historical precipitation, the people need a kind of expression of sorrow, can not completely put an end to the burning of paper money, can not ignore the people's needs to worship the ancestors.
"We advocate low-carbon sacrifices and use more environmentally friendly forms of sacrifices. Wang Guohua said that in order to protect the environment and reduce fire hazards, low-carbon sacrifices should be promoted, and all regions should be required to strengthen management, but it does not mean that all localities should ban it.
"A lot of customs change over time"
Different experts and scholars also hold different views on the ban on the sale of feudal superstitious funeral articles.
Hu Ke, a teacher at Nanchang University's School of Law, is concerned about the legality of formulating such administrative regulations, including the basis for setting penalties. He believes that these regulations do not conform to folk customs, lack legal basis, and are a simplistic administrative measure.
He said that ancestor worship during the Qingming Festival is an important part of traditional Chinese culture and an important foundation of Chinese culture.
Hu Ke believes that there is a problem with the definition of the concept of "feudal superstitious funeral supplies", "ancestor worship is a culture that has been passed down for thousands of years, and it is not a new thing that has only existed in recent years, including burning paper money, setting off firecrackers, burning incense and so on." These sacrifices symbolize the sorrow of future generations for their ancestors, and represent the good wishes of the ancestors to bless future generations, which do not violate public order and good customs, and cannot simply be regarded as feudal superstition. ”
Xiong Wei, an associate professor at Central China Normal University's School of Liberal Arts, who specializes in folklore, said that from the perspective of social governance, such regulations must be part of the process of promoting civilized ancestor worship and changing customs. The key is to consider local conditions, not only to comply with national laws and regulations, but also to consider the needs of different cultures and different people. For example, in the city, many people may choose to worship their ancestors in a more environmentally friendly way, while in the countryside, they may choose to prefer traditional sacrifices.
Xiong Wei believes that folk culture has been evolving, but the core of the Qingming Festival has always been to remember the ancestors, and the forms are inherently diverse, so there is no need to be unified, and everyone should respect each other to seek the best solution.
In addition, he affirmed that ancestor worship will be the mainstream trend in the future, "but it needs to be recognized that civil society has its own continuity, and many changes in customs need to be precipitated over time." ”
Talk about regulations
It also depends on traditional customs
Sweeping graves to worship ancestors on Qingming Festival is the way we Chinese have remembered and remembered our ancestors since ancient times. In people's daily concepts, burning paper is just a part of the sacrificial sweep, which is the same as the act of offering flowers to express their feelings, not to mention feudal superstition.
Relevant departments can advocate people to pay tribute to their ancestors through green and environmentally friendly methods such as flower sacrifices and tree planting, but they should not simply and rudely prohibit people from burning dead paper on the grounds of "feudal superstition", and even punish merchants who manufacture and sell dead paper.
Such management is mechanical, impractical, and impersonal, and should be treated with caution. Urban management is a systematic project, we must stress laws and regulations, but also look at traditional customs, world conditions, and not for the sake of convenient management and ignore the other, let alone "one size fits all".
Source: CCTV