Men's doors have been blocked by empty graves for nine years.
The side door was blocked by an empty grave for 9 years.
Tao Qingfeng, 36, lives in the rural area of Dong Bang Street, Tianzhu County, Qiandongnan Prefecture, Guizhou Province.
He told the gale journalist that he 10 went to Jinhua, Zhejiang Province to work many years ago and has been working since then. However, an incredible thing happened to his parents who were over sixty years old in his hometown. "Someone built a grave in front of a side door of my house and set up a monument. The door was blocked so tightly that they had to climb the grave to get in and out. It has been nine years now. "
According to the reporter's search, his home is adjacent to Xinhuang County, Huaihua City, Hunan Province. There is a winding road on one side of the house and a stream on the other.
Several videos he asked his friends to take aerial photos with drones showed that his house was a two-story wooden house with a slope at the lower end. The door was blocked by a grave with a tombstone. When an old lady went in and out of the gate, she climbed up the wall next to her, then bent down, grabbed the masonry of the tomb with both hands and climbed over carefully.
Tao Qingfeng told reporters that the old lady in the video is his mother. "At present, in addition to elderly parents, there are daughters who are studying in primary schools. They all come in and out from the side door like this. "
Tao Qingfeng said that now that her daughter has grown up, she will feel itchy every time she passes by the grave in front of her house, and sometimes she will be accompanied by her grandparents when she goes out during the day.
The patriarch led people to dig up the remains of their ancestors.
Who built the tomb and what happened in the middle?
Meng Tao, a local Taoist, told reporters that there were no bones and coffins in this tomb, but it was an empty tomb built by their "patriarch" Tao Lei.
He said that Tao Lei is over 60 years old this year. "The genealogy records that he has served as village director and patriarch and is one of the hosts of the ancestral hall."
Meng Tao recalled to reporters that when he was in Tomb-Sweeping Day in 20 13, Tao Lei told his men that the genealogy compiled the year before recorded that an ancestor of Chenghua in the Ming Dynasty was buried in the local area, and the suspected tomb was next to the wing of Tao Qingfeng's house. He wanted to rebuild the tomb and erect a monument for this ancestor for future generations to worship. On April 7th of the same year, Tao Lei organized a group of Taos, who came to the wing of Tao Qingfeng's house under the witness of relevant persons of the local Bangdong Town Mediation Committee. 10 people took turns to dig the remains of the ancestor, but found some black mud instead. Tao Lei and others confirmed that the ancestral grave is next to the brick wall of the wing.
"Later, Taoists used bricks and mud to build an empty grave outside my side door and set up a stone tablet." Tao Qingfeng said that parents tried their best to stop it.
Pulling out the bayberry tree and making enemies with the patriarch?
Tao Qingfeng told reporters that one day in 20 1 1 year, Tao Lei planted a Myrica rubra tree as feng shui in the field in front of his home. "That land belongs to my family. After finding it, we pulled it out. Tao Lei bears a grudge. "
This statement was confirmed by Meng Tao, who said: "This was originally a very small matter, and their two families became enemies."
Is it really after the completion of the tomb, as Tao Qingfeng and Meng Tao said? The reporter dialed Tao Lei's phone. He didn't want to say anything more, so he hung up.
On April 8, 20 13, Tao Jia, as Party A, signed a mediation agreement with Tao Qingfeng's father, saying that they thought the ancestral grave was at Tao Qingfeng's house. After consultation between the two sides, Tao Jia can erect a monument on the right side of the brick wall, and the distance between the monument and the brick wall should be more than 5 cm, which will be demolished by Tao Qingfeng's family. The brick wall in front of the monument is given a distance of 1 m, which is convenient for the Dow family to worship their ancestors. At the same time, it was agreed that after the monument was erected, no one in his family could dig the graves of other ancestors in Tao Qingfeng's wing and main room for any reason.
The reporter noticed that the "Mediation Agreement" was signed by both parties and relevant persons of the local Bondong Town Mediation Committee.
"They dug first, then signed this mediation agreement with my father, and finally built an empty grave and a monument." Tao Qingfeng said that he was working in Jinhua, Zhejiang Province, and his family told him afterwards, "On April 12 of the same year, I rushed back to my hometown to report to the police and asked Taoren to immediately dismantle the empty grave, apologize and compensate the corresponding economic losses, but it was considered a civil dispute and was not resolved."
Men's doors have been blocked by empty graves for nine years.
Six people, including the patriarch, were counterclaimed.
2065438+On February 2, 2003, 65438+2003, Tao Qingfeng's family sued Tao Lei and other six Tao clansmen to Tianzhu County Court, requesting to cancel the original mediation agreement, dismantle the empty grave and compensate the economic loss of 80,000 yuan.
In their complaint, they claimed that when the Taos built a grave in front of their house, they stopped it, but it was opposed by Tao Lei and others. "My parents knelt down and told them not to build an empty grave. Tao Lei threatened to kill our family if they objected to being buried alive again. We were forced to sign the agreement because of helplessness. " "The empty grave at the door made it inconvenient for our family to travel, traffic was blocked, and especially the spirit was seriously hurt."
2065 438+65438 20041October 20th, Tao Qingfeng's family was counterclaimed by Tao Lei and other six people.
They said that Tao Qingfeng's family dug the grave of the ancestor of the Ming Dynasty and built a house, and also built a pigsty on the grave of another ancestor, Chen.
According to the complaint, the mediation agreement they signed at the beginning was signed by the relevant leaders of government departments, not under the circumstances of fraud, coercion or taking advantage of others' danger, and it was a legal and effective agreement. The other party's behavior of building a house or repairing a pigsty on his ancestral grave should stop the infringement and restore to its original state, and compensate for the spiritual comfort of 654.38 million yuan and the direct economic loss of 27,000 yuan.
In response to the Tao family's statement, Tao Qingfeng told reporters that when his family was repairing the house and digging the foundation of the pigsty, they never found a grave below. I don't know what basis their statement is.
The court rejected the prosecution's counterclaim.
2065438+On March 5, 2004, Tianzhu County Court held a public hearing to hear these two cases.
The court found that Tao Qingfeng's family and Tao Lei were both members of the same village. In 2004, Tao Qingfeng's family built a wooden house, and the next year, the wooden house was built on the right side of the house. 20 10, the house was converted into a brick-concrete structure. To this end, two members of the Tao family asked Tao Qingfeng whether to relocate the ancestral grave next to the house, but the consultation failed and a dispute arose. The local Dong Bang town government also conducted mediation.
The court said that later, under the mediation of the relevant personnel of Bangdong Mediation Committee, the two sides agreed to dig a grave next to the side house to find the body. "In the end, no relics were found, but the soil was loose. According to this, the Tao family confirmed that the ancestral grave was on the brick wall of the house, and the mediation parties signed an agreement the next day. "
After the agreement was signed, the Dow family built graves and erected monuments in a certain range. In this process, Tao Qingfeng's grandfather was present to stop it. After the monument was erected, the side door of the side house was blocked and the door was restricted. Later, Tao Qingfeng, who worked outside the home, refused to recognize the agreement and reported to the relevant departments that the local relevant units had failed to mediate many times.
The Tianzhu County Court held that this was a typical grave dispute. According to the relevant provisions of the Regulations on Funeral Management, the case should be handled by the relevant administrative departments, which is not within the scope of the court's acceptance of civil cases.
2065438+2004 10, Tianzhu county court ruled that the lawsuit of Tao Qingfeng's family was rejected, and at the same time, the counterclaims of Tao Lei and other six people were rejected.
Over the past nine years, multi-sector mediation 10 has been conducted more than once.
Tao Qingfeng said that they later reported to the local authorities that there was no result.
On April 6, 2022, they submitted an application to the Civil Affairs Bureau of Tianzhu County to perform their pending duties, demanding that the Civil Affairs Bureau handle the illegal acts of Tao Lei and others according to law, and dismantle the empty grave in front of their house within a time limit and restore it to its original state.
Tianzhu county civil affairs bureau believes that this matter belongs to land ownership and property rights disputes. "At present, there is not enough evidence to prove that there is no grave where the disputed grave you claim is located. At present, there is no legal examination and approval procedure for construction land for the house and pigsty you built. I suggest that your dispute be resolved through consultation. " The final result is "inadmissible".
A related person from Dong Bang Sub-district Office told the reporter that in the past nine years, the mediation times of mediation departments at all levels have exceeded 10.
"After the lawsuit was dismissed, the Dow family did not go to the grave to worship their ancestors in these years." Sources told reporters that in 2022, after Tomb-Sweeping Day, Tao Qingfeng's mother found traces of someone offering sacrifices to sweep the grave, and their family once again asked for the removal of the empty grave that blocked the door.
165438+1October 30th, Dong Bang Street said in its reply to Tao Qingfeng, "Our initial idea is to move the tomb to a place approved by the Taoists so that they can worship their ancestors in the future."
In an interview with reporters, a Taozu who had participated in digging ancestral graves told reporters that on May 20, 20 13, he issued a statement saying, "We really don't know where the graves of Taozu are buried because of their age."
He said that there was no contradiction between his family and Tao Qingfeng's family. Participating in the construction of the grave in front of his house is not targeted. Instead, the family leader headed by Tao Lei told them to go. "We just go to watch. This matter has nothing to do with us. I shouldn't take any responsibility. "
He said that it was only later learned that Tao Lei and Tao Qingfeng's family had conflicts because of planting bayberry trees. "We were used by Tao Lilei, and he messed us up. No remains or coffins were seen at the scene on the day of excavation. It must be wrong to build an empty grave in front of someone else's house to block the door now. It should be dismantled through negotiation. "
Lawyer's statement
It is against public order and good customs to build an empty grave to block the door. Suggest mediation.
Fu Jian, director of Henan Jinze Law Firm, said that it was unreasonable and illegal to build an empty grave in front of his family to worship his ancestors when the court found out whether there was a will, which seriously affected the normal travel of others and violated public order and good customs. As people in the same village, we should correctly handle neighborhood relations in accordance with the principles of being conducive to production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness. Negotiation is the best way to solve family conflicts. It is suggested that the solution should be determined in a fair and reasonable way under the witness of relevant local departments or prestigious people, so as to safeguard their own rights and interests to the maximum extent.
According to Fu Jian, according to relevant regulations, in general, law enforcement officers will dismantle and restore illegally built graves according to law, but considering that the two parties involved are of the same clan, although this behavior not only violates relevant regulations, but also infringes on the rights and interests of others. However, according to the principle of mediation between the two parties, law enforcement officers can properly solve this matter without violating public order and good customs.
Gail reporter Ping Huang