The brother and sister went to the mountain for Qingming and found that their mother's grave was missing, and even the urn had been moved without permission. The court has made a ruling!

It’s again Qingming Festival season—visiting and sweeping graves, honoring and mourning those who have passed away. This is a traditional cultural practice of the Chinese nation since ancient times, and grave sites also become specific places where people recall their ancestors and express their grief.

Recently, the Guangzhou Baiyun District People’s Court concluded a case involving a dispute over tort liability triggered by the relocation of an ancestor’s grave. The court ruled that the defendant, who had moved another person’s grave without authorization, must compensate the plaintiff for economic losses and for damages for mental distress.

A brother and sister go up the mountain to visit their mother’s grave during Qingming.

They find a stranger has occupied their mother’s burial site.

During one Qingming Festival period, the Cen siblings went to pay their respects and sweep the grave, only to find that their mother’s grave was nowhere to be seen. After reporting to the police and, together with the village committee, conducting an on-site inspection, they learned that the original burial location had been occupied by Zhang San (a pseudonym)’s relative’s grave, and that their mother’s remains had been secretly moved by Zhang San to a nearby other location. The Cen siblings repeatedly negotiated and communicated with Zhang San about restoring their mother’s grave to its original condition, but the other party refused to cooperate.

Zhang San argued: “My family originally had a grave, adjacent to my mother’s grave of the Cen siblings. During the process of repairing my family’s grave, we found the grave next to it. We asked local villagers, but no one knew to whom that grave belonged, so we moved it to another place on our own. During the relocation, we properly moved the ashes box and also built brickwork and fencing to enclose the new site.”

Court ruling: Compensate 28k yuan

As the parties failed to reach an agreement on compensation, the Cen siblings then filed a lawsuit with the court, requesting that Zhang San pay for the economic losses caused by the destruction of the grave site, the costs for relocating and reestablishing the grave, and damages for mental distress.

After hearing the case, the Guangzhou Baiyun District People’s Court ruled: Zhang San must compensate the Cen siblings with economic losses of 20,000 yuan and 8,000 yuan in damages for mental distress.

This judgment has taken effect.

Judge’s reminder: Graves are not ordinary “property”

Gao Heng, a presiding judge of the Guangzhou Baiyun District People’s Court, pointed out that as a special place for burying the deceased’s body or ashes, a grave site has not only a specific property-right attribute for the deceased’s close relatives, but also carries their deep remembrance of their ancestors and a unique mental寄托 (spiritual sustenance).

Pursuant to relevant provisions of the Civil Code of the People’s Republic of China and the Supreme People’s Court’s Interpretation on Several Issues Concerning Determining Liability for Compensation for Civil Infringement Mental Distress (as amended in 2020), the Cen siblings, on that basis, requested that Zhang San pay economic losses caused by the destruction of the grave site, the costs for relocating and reestablishing the grave, and compensation for mental distress. The court found that their claims had both factual and legal grounds and therefore supported them.

During the Qingming Festival, what matters is sincerity, and what is most important is respect. When dealing with “matters after one’s passing,” we need even more caution and follow more rules. This is both a form of solace for the deceased and a protection of the rights of the living. It is also what underpins social harmony. A grave is not an ordinary “thing”; it is a specific place that bears sorrow and remembrance, carrying profound personal interests and spiritual value.

The judge reminds that any act of relocating, damaging, occupying, or rebuilding a grave site without authorization—even if the person claims “ignorance” or “no malice”—may still constitute an infringement, requiring compensation for both economic and mental distress. In this Qingming Festival season, we call on people to express their grief and remembrance in lawful and civilized ways, so that the deceased can rest in peace, the living can find comfort, and the observance of Qingming truly returns to its original purpose of carrying forward filial piety and nurturing the spirit in a civilized manner.

Source of content: Guangzhou Daily, CCTV Network

Editor: Gu Minyi

Proofreader: Jiang Yan

Responsible editor: Li Siying