Compensation for excavation of ancestral graves for highway construction is as follows:
1, the prosecution object is the contractor, because according to your suggestion, the ancestral grave is not within the scope of road construction planning, and the construction party dug it by mistake;
2. Compensation should include the cost of rebuilding ancestral graves and compensation for mental damage. It is suggested that about 5,000 yuan is enough in rural areas of Hubei.
3. This is an ordinary civil infringement case, which should be tried by the grassroots people's court according to law, so you should try and prosecute in the grassroots people's court where the infringement occurred;
4. According to the State Council's method of paying legal fees, if the bid amount is less than 1 ten thousand yuan, the 50 yuan shall be paid in advance by the original plaintiff and borne by the losing party. If it is a summary trial or mediation, it can be halved.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 65
Anyone who commits one of the following acts shall be detained for more than five days and less than ten days; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
(1) intentionally destroying or defacing another person's grave or destroying or discarding another person's ashes;
(2) Parking a corpse in a public place or refusing to listen to dissuasion because parking a corpse affects the normal life and work order of others.
People's Republic of China (PRC) Civil Code
Article 243
In order to meet the needs of public interests, collectively owned land, houses of organizations and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law.
Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for landless farmers to ensure their livelihood and safeguard their legitimate rights and interests.
Expropriation of houses and other immovable property of organizations and individuals shall be compensated according to law to safeguard the legitimate rights and interests of the expropriated person; Expropriation of individual houses should also guarantee the living conditions of the expropriated person.
No organization or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.