Owners suffer from mental torment! Is it legal to set up a morgue next to the community? Lawyer interpretation, constant cries of sorrow and joy among residents | sorrow and joy | homeowners
Recently, a netizen from Shijiazhuang City, Hebei Province, posted a video claiming that a morgue has been set up next to their residential area, and mournful music and crying can be heard every three to five days, causing mental distress to their families.
The video publisher resides in Building 28, West District, Zhaoyi Street, Zhaolingpu Road Street, Xinhua District, Shijiazhuang City. He stated that the house was purchased in 2008 and faces the morgue, with only one wall separating it. The morgue was built in 2019 and was originally an open space with only a funeral hall. I have reported this issue to relevant departments multiple times, but so far there have been no results.
"I heard crying at 4am and was awakened while sleeping. I started playing mourning music at around 5am and stayed there until 11pm. I stopped for a while at noon and stayed at 5pm in the afternoon for three consecutive days. This family has completed the funeral, and there is another one the next two days." The video publisher said that the mourning music and crying in the morgue seriously disturbed the residents, and some neighbors have moved away as a result.
Video screenshot
According to media reports, the staff of the Zhaolingpu Street Office responded by stating that the area near Building 28 in the western district of Zhaoyi Street is a funeral venue planned by the city for Zhaoyi Village, for the use of villagers. The construction of the Lingtang was carried out before residents purchased a house. At that time, the location of the Lingtang had already been explained to the residents, and there should be preferential subsidies when purchasing a house.
The staff member stated that they have communicated with the village and are seeking solutions to the grief and happiness issues reported by residents. During this period, they will remind villagers who use funeral venues to pay attention to disturbing the residents. But there should be no such idea of demolition or relocation yet.
Does this practice of setting up a morgue next to the community comply with laws and regulations?
Article 7 of the Regulations on Funeral Management stipulates: "The civil affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, based on the funeral work plans and funeral needs of their respective administrative regions, propose the quantity and layout plans of funeral facilities such as funeral homes, crematoriums, ash halls, cemeteries, and funeral service stations, and submit them to the people's governments at the same level for approval."; Article 9 stipulates: "No unit or individual shall build funeral facilities without approval."; Article 14 stipulates: "When handling funeral activities, it shall not disturb public order, endanger public safety, or infringe upon the legitimate rights and interests of others.".
According to Bi Qiang, a member of the legal expert pool of the Rule of Law Daily and a partner of Beijing Yingke Law Firm, as one of the funeral facilities, the planning, setting up, and construction of the morgue requires strict approval procedures. If it is set up without approval from relevant departments, it is definitely illegal. The location of the involved morgue is adjacent to the residential building. When handling funeral activities, it not only affects the senses of the residents, but also has a psychological impact on the residents through the play of mournful music, which goes against public order and good customs.
Article 288 of the Civil Code of the People's Republic of China stipulates: "The neighboring rights holders of immovable property shall handle the neighboring relationship correctly in accordance with the principles of favorable production, convenient living, unity and mutual assistance, fairness and reasonableness."; Article 294 stipulates: "Real estate rights holders shall not dispose of solid waste in violation of national regulations, discharge harmful substances such as atmospheric pollutants, water pollutants, soil pollutants, noise, light radiation, electromagnetic radiation, etc.".
Bi Qiang stated that neighboring parties exercise their rights within a reasonable range, and neighboring parties have an obligation to accept necessary restrictions. The morgue in question started playing mourning music from 4 to 5 in the morning and continued until 5 in the afternoon. The mourning music itself has a negative impact on people's psychology, and such a long period of high volume mourning music has caused noise pollution to nearby residents, affecting their lives. Therefore, the morgue has also violated the neighboring rights of surrounding residents.
