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The Relationship Between Religion And Law Outline

Posted on:2009-09-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:X J WuFull Text:PDF
GTID:1116360242997367Subject:Scientific socialism
Abstract/Summary:PDF Full Text Request
As the important means of regulating the society in good order, the religion and law have made a kind of indissoluble bond ever since the mankind has been in the civilized age. In China, it is a very important issue to study how to take the religious affairs to the rule of law, especially when the general plan of rule by law, building the socialism law ruling nation has been put forth. After the reform and opening to the world in the mainland China, many experts, officials and the personages in the religious society have made great efforts in this field, having achieved some progress not only in theory but also in practice. According to the materialistic dialectics and historic materialism of the Maxism methodology, this paper makes use of the documents in this field, combines the theory and the practice, elaborates the relationship between the religion and law in details, and focuses on some important issues, such as the influences and effects of the religion on the law in Europe and the ancient China.As the closely related phenomena of the society, religion and law are both the results of the development of the human society. Where there are people, there shall be the law, which makes the lives in good order; where there is the misery, there shall be the religion, by which people are free from this mortal life, yearn for afterlife and are comforted in soul. They influence each other, and they together maintain and promote the progress of the human society. The religion plays a great role in the aspects of the origins, development, beliefs, values of the law. The religious character is not only posessed by the western law, but also by the laws in the Orient, including Chinese law. In the ancient china,"heaven"is the core of the religion. It is a kind of ultimate idea,and plays a role of the God in the Christianity. In ancient China, the emperors are head to organise the sacrificial rites. Long long ago in Chinese history, the worship for the heaven makes the Chinese law find its reasonable basis. Besides, the Chinese law also has its religious character in the examination, decision and execution of the case. However, when the religion plays positive role in the development of the law, it also impedes the development and progress of the law in a very obstinate way, which is proved in the great difficulty of the unified process of civil law.On the other hand, the law has left marks in the process of information, development and propagation. In the early histoty of the human beings, many laws are directly grarted in the creed, which is one of the sources of the religion. As the effective means of regulating the society, the law provides basic environments of the propagation and development, promotes the healthy development of the religion, and makes the religion adjust to its society, which is the knowledge obtained by the Europe concerning the state-ecclesia relationship. As the spokesman of the Christianity the ecclesia realizes that the other means except the law could not help the developtment of the religion, and only the law could be a sound way to keep the religion in a healthy manner.With this knowledge, the cannon law develops greatly and promotes the development of Christianity in Europe. The history of the cannon law shows the relationship between the religion and law. In the western world, when they begin to build their theology, they use a lot of legal languages. Their theology is full of legal ideas and has clear legal gene. Absorbing the experience of the state-ecclesia relationship in Europe, the Constitution of the United States and its first amendment set two fundamental rules concerning the religion,that is, the separation of the religion from the state and the the religious freedom, which oppose the law set up the national religion and agree to set up the wall to separate the ecclesia and state. It is the legal basis for the healthy development of the multi-religion society in the United States.It is the necessary conclusion of the dialectical relationship between the religion and law that the state administers the religion according to the law and the religion shall abide by the constitution and law. Conforming to the global trend of ruling the religious affairs by the law and combining the conditions of the religion and our nation, the Communist Party of China and the States have made efforts to administer the religious affairs according to the law, and have set up the religious legal system of constitution, law,administrative regulations, sector rules and local regulations and so on, which offer a solid basis for guaranteeing the rights of the religious freedom and keep the society stable and harmonious. The promulgation of the regulations on religious affairs is a milestone in the course of the religious legal history in China. Its achievements and value are in the first place and should be acknowledged fully. At the same time, restricted by the subjective and objective conditions, plus the extreme complicated nature of the religion, just like any law,the regulationgs on the religious affairs is not pefect. There are some problems which should be improved according to the legislative rules and the norm of the religion.The interaction between the religion and the law is an important aspect of that of the religion and the politics, the necessary demands and result of the prosperity of the religion and thelaw, which embodies the dialectical relationship between the religion and the law. The flowers of the religion are in full bloom in the heaven ,whereas its branches are deeply rooted in the mortal world. This dual character is the result of the essence of the religion and the basis of the interaction of the religion and the law. Solving the affairs concerning the religion and the law is necessary to keep and promote their vitality and healthy development. As for the religion, the law should focus on the religion's social activities and prevent its harmful ones to the society. As for the authorities, when it punishes the harmful activities to the society, it should abide by the rules of religious freedom.
Keywords/Search Tags:religion, law, inter-action, origions, development, belief, justice, religious affairs
PDF Full Text Request
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