Abstract：The joint ownership of tomb property in the Qing dynasty has its own unique attributes compared with western property rights. Restrictions of Chinese tomb property rights are embodied in the restricted types of tomb property in legislation, and restrictions of burial to ancestral grave in judicial practice, which are radically different from western legislation: the former emphasizes continuous maintenance of rights state ( tomb property rights are obligatory rights) , while the latter focuses on the use of rights.

Keyword：tomb property;civil rights;the Qing dynasty;