On The Contemporary China's Religious And Legal Construction

This paper attempts to make a systemic study of the religious legal system in new China by analyzing the historical causes of the development of the religious legal system as a turning point. On the basis of the clarified venation, evidence, necessity, achievement, experience and problems of the system, the writer proposes assumptions, and has a deep thought on some important theoretical problems which can provide beneficial references for the construction of the religious legal system in China.This paper sets forth systematically the theoretical gist and realistic necessity to strengthen the construction of the religion and legal system in contemporary China.; secondly, it provides the methodological support for the construction of the religious legal law in contemporary China by revealing motives of the historical development of the religious legal law; thirdly, it has a brief description of the historical process, summarizes the achievements, the helpful experience, and the existing problems; and at last, by making full use of the fundamental theory of Marxist, the writer puts forward some assumptions on the construction of the religious legal system in his research according to the reality in China, and makes some useful exploration on some theoretical issues.This paper is made up of eight parts.The instruction treats of the theoretical and realistic meaning of the topic, the actuality of the research at home and abroad, the methods and the definitions of some concepts appearing in the passage.The first chapter demonstrates the evidence and necessity in the construction of the religious legal system. According to the argumentation, Marxist religious outlook is the fundamental theoretical basis of the construction of the religious legal system, and the religious theory of the CPC is the direct theoretical basis. From the necessity, it is the inevitable demand of the religious work to strengthen the construction of religious legal law in China; it is the need of running state affairs according to the rule by law strategy and constructing the constitutional society; and it is the need of promoting the people oriented and constituting the harmonious society.The second chapter analyzes the historical causes for the emergence and development of the religious law system. From its emergence to its development, the religious law system is the result of the interplay of the social economy, politics and religion. That is, the development of the social economy is the ultimate cause to promote the religious affairs and activities lawfully; the emergence and development of the country is the direct cause to promote the religious affairs and activities lawfully. Religion, for the sake of its own existence and development, initiates to reform itself, adapts to the society and accelerates the development of the religious legal system to some extent.The third chapter summarizes the developing process and the characteristics of the construction of the religious legal system in new China. Its construction in new China goes through the exploration period of the New Democratic Revolution, the period of its basic establishment and the devious developing course period between the foundation of our country and the reform, and its complete establishment and total development period since the reform. In the process of the continual quest, the religious legal system in China improves gradually, and it achieves from fully relying on religious policy to the religious policy-oriented, religious law supplemented in the management of religious affairs, and later to the historical change of giving priority to the religious regulations and religious policy as a guide.The fourth chapter summarizes and analyzes the achievement, the fundamental experience and the existing problems in the construction of religious legal system. The achievements cover the system of the religious legislation is fundamentally established, the religious execution of the law is steadily put forward, and the popularization of legal knowledge is spread effectively. The fundamental experience of the construction is: on the economy, developing the productive forces that is the important foundation of coping well with the religious problems; on the politics, always adhering to the CPC's leadership that is the fundamental guarantee of the construction of the religious legal law; intentionally, directing the religion circle to adapt to the socialist society actively that is the key of improving its construction constantly; on administration, upholding managing the religious affairs on the basis of law; on the road to quest, sticking to the principles of practicality all the time and encouraging active and reliable exploring spirit. The problems of the construction are that in legislation, the system of religious legal system is still not perfect, the techniques of legislation are not mature, and the level of the law is low; in legal execution, the main force of executing the rule of law is not strong, the total quality has to be promoted, and it is short of the necessary correspondence system and effective criterion; in the legal popularization, the whole legal circumstance and consciousness are not strong, and there exists misinterpretation and deficiency in the connotation, object and form etc.The fifth chapter proposes the conception of improving the religious legal system. To ensure the freedom of the citizen's religious faith, maintain the religious harmony and social harmony, regulate the doctrine of governing the religious affairs, and guide religion adapting to the socialist society; adhere to the fundamental principles of having the religious belief freely, making politics and religion separated, paddling their own canoes and keeping the right and the obligation uniform; further improve the system of the religious legislation. Through continuous establishment and improvement of the religious legislation, strengthen the religious execution and the guarantee of religious judicature, improve the ability of the tipstaff; enhance cadres'Religious and non-religious people's law awareness. And gradually build up a Make greater efforts to strengthen continue to increase legal literacy efforts, improve the cadres and the masses of believers and non-religious consciousness of the masses of the legal system, and gradually become law in place, strict uniform, law enforcement and valid, fair and strict, law-abiding conscious, active law-enforcement of religious legal system. And gradually build up a precise religious and legal system which can provide legal backing and uphold justice.The sixth chapter explains a number of important theoretical thinking to strengthen the religion and legal system... on the political level, the paper explains how to strengthen the C.P.C's ideological leadership for the religious and legal construction, how to deal well with the two different types of contradictions in religious affairs and how to deal well with the relation between the religious belief and atheism. On the legal level, the paper explains how to deal well with the relation between the C.P.C's religious policies and the national laws by combining policy guidance and legal management. How to handle the relation between the religious legislation and other laws and regulations, as well as the relation between the national policies and the relevant international conventions in the religious legislation. How to handle the coordination of law enforcement and religious relations in law enforcement. On the religious level, the paper explains how to deal well with the relation among the devotion to religion, patriotism and law-abiding, how to deal well with the relationship between the "absolute" and "relative freedom of religious belief". How to make use of the doctrines and commandments in conform to the public virtues. And how to deal well with the relationship between the internal religious norms and the national law so as to make contribution to the modernization of our socialism.The complementary part discusses the following questions: the learning of the experience of handling religious affairs in accordance with the law in history is the essential way to master the tendency of the religion development. It is essential to how to master the tendency of the religion development, to make full understand of the humanistic tradition in our religious history, the peaceful coexistence between religions or religions and state, the historical characteristic of the political power is prior to the religious power. And at the same time the learning of how to learn the disestablishment, the legal management of the religious affairs and the strengthen of the atheism education in the Soviet Union are still very essential.Summary: the construction of the religion and legal system should be improved, and the religion should be safeguarded and promoted to adapt to the socialist society by sticking to"completely implement the Party's policy on freedom of religious belief, manage religious affairs in accordance with the law, actively encourage the adaptation of religions to socialist society and adhere to the principle of independence and self-administration in religious affairs."We should make great efforts to create the condition to adapt religion to the socialist society, consummate the laws and regulations in the religious sphere, safeguard the legal rights and normal religious activities by religious believer or some religion, and gradually realize the systematization and legalization of management of religious affairs, to create an easy and orderly legal environment for freedom of religious belief. In the religious aspect, we need to conform to the tendency of social development and the demand of our time, adjust ourselves actively and adapt to the socialist society. It is an obvious fact that we must abide by our state law, undertake the religious activities in accordance with the law, be actively involved in the social beneficial activities and maintain the good condition of the religious harmony, the society based on harmony, the unity of all ethnic groups and the development of our country. Religion must stay long with the socialist society and only when religion adapts to the socialist society can it go well and develop for a long-term period. With the improvements in the society, science and, people's inner quality, religion will gradually becomes less important in man's life and come to an end at last.