#Popularization of law action # Life is a wonderful journey, and in this journey, if you can have a pet to accompany you, it is also a different kind of "scenery". With the increasing number of pet owners, the aftermath of pets has also become a need in life, after all, "hair children" use their lives to accompany us, when they die, as the owner of "hair children", always hope that this life is treated equally well, should give them a good soul home.
Today, walking into the studio is Mr. Wang, in his life, encountered a legal blind spot, many years ago for the pet to buy a cemetery, now suspected of breaking the law, where should the pet remains go? Seeing that their emotional sustenance will be in vain, how can they recover their own rights and interests? What should I do with the death of a pet? In the program "Lawyer Helps", Mr. Wang Xinghua will analyze the nature of the pet cemetery for Mr. Wang, as well as the legal relationship involved in it, and help Mr. Wang properly solve his troubles and protect his rights and interests.
Case review
On the last day of 2010, the puppy that had accompanied Mr. Wang for 14 years died. In order to find a place for it to rest, Mr. Wang found through the Internet that there was a pet funeral cemetery in Changping District that claimed to be the only legal pet funeral home. The cemetery adopts trees, giving owners access to a place where their pets can be buried, as well as a website and a dragon's pet funeral service. After many understandings, Mr. Wang felt that this was the best place to bury his pet, and immediately signed a tree adoption agreement to bury the pet under the tree in this form.
In September 2021, Mr. Wang suddenly heard that this pet cemetery was to be recovered and the buried pet remains were to be removed. After hearing this news, Mr. Wang could not sit still and hurriedly contacted the cemetery staff. Because he had not received a reply from the tomb many times, Mr. Wang had no choice but to go to the pet cemetery himself. Unexpectedly, the gate was closed, a cordon was pulled around, and two security guards stood at the door, not allowing outsiders to enter the cemetery.
Later, after Mr. Wang's many inquiries, he learned that the operator of the cemetery had been detained for destroying the forest land and exceeding the scope of business, and the cemetery would also be recovered. At the same time, many pet owners have been informed to take the initiative to remove their pet remains before November 13, and they will not wait for them to expire. Mr. Wang is very confused, this pet cemetery has been open for 16 years, and his pets have been buried here for more than ten years, how can it be illegal overnight?
Mr. Wang said that he had roughly counted that there were nearly 4,000 cases of pet remains and ashes buried in the pet cemetery, involving more than 3,000 pet owners, and he was worried that if these pet remains were dug up and buried, it would be a kind of harm to the environment, especially at the moment of the epidemic, there may be a risk of infectious diseases. At the same time, some pet owners are completely unaware of this matter, and Mr. Wang is also worried that when other pet owners go to visit the grave in the future, they will not be able to accept it when they see that the cemetery no longer exists.
Faced with the current situation, Mr. Wang is very confused. He wants to keep the cemetery as much as possible, realize his right to visit his pets, and if the cemetery cannot be retained, he also hopes to have corresponding measures to realize his desire to visit his pets frequently. However, once the cemetery is rectified, he also hopes to have an explanation for the financial resources and energy he has invested over the years. So for pet owners, what should they do to protect their rights and interests? Let's see how Lawyer Wang Xinghua answered.
Lawyer support
After learning about Mr. Wang's situation, lawyer Wang Xinghua said that at present, the funeral business of animals will indeed encounter some troubles.
Judging from the agreement signed between Mr. Wang and the cemetery party to adopt trees, Lawyer Wang Xinghua believes that Mr. Wang's behavior is actually to fund the growth of trees, and from the perspective of the agreement itself, it is a legal agreement, but it does not mean that Mr. Wang has the ownership of the trees, so Mr. Wang has not obtained the right to use the land under the trees. If only from the perspective of adopting trees, if the operation is legal, then there is no dispute over the pet cemetery below, and the current situation is that the operator of the cemetery operates in the form of tree adoption, and the operation is actually illegal use of forest land, so the operator has been criminally detained, and he faces not only criminal liability, but also may face subsequent civil compensation liability.
Lawyer Wang Xinghua said that according to Article 146 of the Civil Code, civil juristic acts carried out by the perpetrator and the counterparty with false intentions are invalid. The validity of a civil juristic act concealed by false expression of intent shall be dealt with in accordance with the relevant laws and regulations. Therefore, the agreement signed by Mr. Wang and the burial place is fundamentally problematic, and the agreement is invalid. Lawyer Wang Xinghua believes that as the operator of the cemetery, it should give the pet owner corresponding compensation and compensation. The specific amount of compensation and compensation depends on the degree of fault of both parties.
For the pet funeral industry, lawyer Wang Xinghua said that because the country does not have relevant legal provisions, therefore, in fact, there is no legal pet cemetery, if there is a business to wipe the edge ball, it will definitely affect the normal use of forest land, or other uses of the land, so it is recommended that pet lovers, when the pet dies, must be in accordance with the provisions of the "Beijing Municipal Animal Epidemic Prevention Regulations", the pet is harmless treatment, any unit or individual must not dispose of it at will.