Abstract:As for the use right of cemetery, there exist two views: creditors’ rights and usufructuary rights in academic and legal circles. According to the former view, the employment time of the land can be shortened, but there will be problems as the continuation of contracts and inheritance. The priority of continuation of the contracts and renting the land will make the implementation of rent right fulfilled incompletely. The application of property law to the use of cemetery will be helpful to stabilize the use right of it and bring into the reality the wish “burying brings peace”. Accordingly, Interment Law should be issued as early as possible, which can regulate the use right of the cemetery as property right and limit it properly.