法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
埋葬と法
家族•市民社会•国家
森 謙二
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ジャーナル フリー

2005 年 2005 巻 62 号 p. 87-98,193

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The concept of "cemetery" in Japanese law, the ground which build graves, has been affected by the idea of ancestor worship, because the Code Civil of Japan positioned the graves as a device for ancestor religious services, which are entrusted with his descendant, and the graves which ancestor buried are reburied as the unrelated grave, if the descendant disappear.
In Europe, the burial laws have regulations about "burial compulsion" and "burial duty", but in Japan the decisions whether the dead should be buried, are referred with his family or his descendant.
The current system of Japanese burial and cemetery is not be effective, because it is not possible to produce an Atotsugi (successor), the continuation of religious worship is threatened due to the changing family structure and a declining birth rate.

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