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On Legal Guaranteeing To Religious Feeedom

Posted on:2009-08-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:H L YangFull Text:PDF
GTID:1116360278466422Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The right to religious freedom refers to the basic right confirmed individuals and groups enjoy and guaranteed by constitution. The paper mainly discusses the basic principles of constitutional guaranteeing the right to religious freedom in terms of international standards, major systems and bounds, national obligations and suggestions on how to guarantee the right to religious freedom. It conducts a systematic inquiry into the implications of constitutional guaranteeing the right to religious freedom, its historical process and significance, basic principles and major systems, and the achievements made by our country in this respect.The right to religious freedom includes not only internal freedom of religious beliefs but also external freedom of behavior. As far as its inner logical structure is concerned, the right to religious freedom includes the subject and object and content of the right. Owners of religious freedom include religious groups as well as individuals .The object of the right to religious freedom is religion. Religious activities are lawful and safeguarded by constitution and law when conducted in accordance with regulations and law while they must be restricted by law and undertake relevant legal responsibilities when running counter to the compulsory regulations laid down by law. The characteristics of the right to religious freedom is that it is either subject or not subject to violation and that it is of no equal value and that it is of individualism and universality and is group-oriented. The constitutional guaranteeing of the right to religious freedom has undergone complicated historical process. Viewed worldwide, there are three types of regulations concerning the right to religious freedom in different countries.The constitutional guaranteeing of the right to religious freedom is of great significance in that it is an inevitable demand for democratic constitutionalism and it helps to upgrade citizens'morals and the ethics of the whole society .Ensuring the right to religious freedom does good to constructing harmonious society and friendly association between China and other countries. Countries worldwide attach great importance to the right to religious freedom and have formed a series of principles which are mainly about the principles of religious freedom, equal guaranteeing of the right to religious freedom (non-discrimination),state's neutral principles of the right to religious freedom, state's lenience principles. The existence of religion has its specific social and historical basis and it's man's spiritual needs. Meanwhile religion is prone to negation. Therefore the United Nations take seriously the guaranteeing of the right to religious freedom. Some human rights conventions such as The Human Rights Declaration of the World, The Convention of Citizens'Political Rights ,etc. , lay down international standards to equal guaranteeing of the right to religious freedom, bounds and national obligations to safeguard the right to religious freedom. Moreover other special conventions make some regulations concerning the issue.Recently, the countries all over the world pay great attention to the constitutional guaranteeing the right to religious freedom, and form a series of t guaranteeing systems gradually. The first is the separation between political and religion; the second is the limited systems of the constitutional guaranteeing the right to religious freedom; specifically, there are the limitations of the form regulations and the essential measures (public benefit reason, proportion principle).Third, the autonym of religious organization. The autonym forms are, for example, the complement and education of new member, safeguard of the order of new members, safeguard of the order of the religious organization, economy on their own, etc; fourth, to respect and guarantee the religious freedom is the duty of a nation, including national duty of respecting and guaranteeing the religious freedom in the compact of international human right, and the duty under the separated system of politics and religion.Our country takes the work of religion seriously. The construction achievement in the law of the right of religious freedom is enormous. The religious legislation gets great progress; religious affairs management organizations set up in succession; the citizen's religious qualities are generally strengthened in legal consciousness and tolerance. In addition, the achievement of religious construction is outstanding in Hong Kong, Macao and Taiwan areas. Meanwhile, there are still some insufficiencies of the right to religious freedom in constitutional guaranteeing of our country. This paper puts forward and the suggestions for further improvements to it that holds the right legal consciousness in religion, revise the contents of article 36th of constitution and improve the law that the right of religious freedom protect; Judicial settlement route to activate right dispute of religious freedom; Improve the constitution supervisory system of our country , etc.
Keywords/Search Tags:the right to religious freedom, constitutional guaranteeing, separation between politics & religion, state's obligation, unconstitutional investigation
PDF Full Text Request
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