| Legislation on religious affairs refers to the activities in which state organs with legislative functions formulate laws,ordinances,regulations and rules governing religious activities,places of worship and regulating the relationship between religion and the government in accordance with the law.Religious belief is a sensitive social issue.Due to the increasing number of religious believers and the emergence of religion-related social issues,it has become a practical need to respect and protect citizens’ freedom of religious belief,clarify the government’ s obligation to manage religion,and prevent and control violent and terrorist activities in the name of religion.Ethnic issues and religious issues are often intertwined in ethnic autonomous areas,which makes the religious issues more complex and the social conflicts caused by religion are particularly acute.Therefore,it is of practical significance to study the legislation on religious affairs in ethnic autonomous areas.By studying the historical changes of xinjiang religious affairs legislation,combing the evolution of xinjiang religious affairs legislation ideas and methods,and analyzing the impact of current religious affairs legislation on religious management,the legislative system of religious affairs can be understood systematically.This paper chooses Xinjiang religious affairs legislation as the research object,and tries to interpret and understand the track of religious affairs legislation changes in ethnic autonomous areas from the perspective of the combination of law and religion.The thesis is divided into two parts:introduction and main bodyThe introduction part explains the research background,significance,article structure and methods,sorts out the existing literature and theories,and explains the basic concepts.The main body of this paper consists of 7 chapters,explaining the importance and necessity of Xinjiang religious affairs legislation,the basic principles of Xinjiang religious affairs legislation,and investigating the experience of Xinjiang religious affairs legislation and governance in the Qing dynasty and the Republic of China.On this basis,the research is carried out on religious affairs legislation change in Xinjiang,according to the legislation content,it can be divided into the initial stage where policy goes parallel with legislation,legislative development stage focusing on comprehensive religious affairs and the mature stage emphasizing regulations to curb religious extremism.Taking the related legal text as the research object,mining the deep-seated reasons for religious affairs legislation,from the medium level and the local legislation perspective to look at religious affairs legislation in Xinjiang.The details are elaborated are as follows:Chapter 1 explains the importance and necessity of Xinjiang religious affairs legislation.Due to the coexistence of multiple religions and the complexity of religious issues in Xinjiang,legislation on religious affairs has become an important issue concerning social stability and development in Xinjiang.Legislation on religious affairs can play a role in regulating religious activities and maintaining normal order in the religious field.At the same time,legislation is adopted to safeguard the certainty and continuity of religious management,protect the legitimate rights and interests of religions,and provide good external conditions for the development of religious affairs.Religious affairs legislation also has the function of protecting religious autonomy.It is beneficial to correct the development of religion and prevent the negative impact of religion on society.The legislation on religious affairs points out the direction of religious localization from the perspective of law,helps to guide the goal of secularization of social life,and embodies the legalization of religious work.Chapter 2 discusses the basic principles of Xinjiang religious affairs legislation,mainly on the constitution and legal basis of Xinjiang religious affairs legislation,the main body,scope and form of legislation,and the principles of legislation.Chapter 3 summarizes the specific measures and legal norms of religious governance in Xinjiang during the Qing dynasty and the Republic of China.To understand the religious affairs legislation change laws cannot be separated from the history of religious governance in Xinjiang.The Xinjiang religious affairs management system has greatly changed in the Qing dynasty and even the period of the Republic of China and at the great social transformation.Despite the overall influence by the traditional social governance model of the "big government small society",the religious management has been developed from a single policy governance began to religious affairs legislation.Chapter 4 analyzes the religious legislation in Xinjiang from the founding of new China to the end of 1970s,and summarizes the characteristics of religious legislation in Xinjiang Uyghur autonomous region from 1978 to 1989.Under the background of the revival of local legislation and the adjustment of the management mode of religious affairs,the management of religious affairs in Xinjiang mainly depends on policies and supplementary legislation.The religious affairs clauses in the general local regulations and the low-level individual legislation are the main legislative forms in this stage.Chapter 5 analyzes the changes and characteristics of the legislation on religious affairs under the background of the establishment and development of the socialist market economy from the 1990s to the beginning of this century.After the "rule of law"was incorporated into the constitution in 1999,the party and government brought religious work into the track of rule of law as an important part of social and public affairs management,and implemented the administration according to law.During this period,Xinjiang’s religious affairs legislation received unprecedented attention.The number of religious affairs legislation increased,the scope of religious affairs regulated by legislation became wider,and the forms of legislation became more diverse.A system of legislation on religious affairs centered on comprehensive laws and regulations took shape,The situation that Xinjiang has for a long time mainly relied on policies to regulate religious affairs thus changed to manage them in accordance with the law.Chapter 6 discusses the features of Xinjiang religious affairs legislation in form and content since the 18th party congress in 2012.During this period,the goal of Xinjiang’s religious affairs legislation was still to adhere to the rule of law in the management of religious affairs,but the content and focus of the legislation changed somewhat,curbing religious extremism becoming the focus of Xinjiang’s religious affairs legislation,analyzes the features of curbing extremism special legislation and its reasons,believing that religious extremism has become an important threat to harm security and development in Xinjiang,taking the Measures of Xinjiang Uygur Autonomous Region on Implementing the Counterterrorism Law of the People’ s Republic of China and the Regulations of Xinjiang Uygur Autonomous Region on De-radicalization as examples,interprets the violations made by the religious extremism on basic human rights and freedom of conscience under the dual structure of church and state.It is believed that the opposition to religious extremism reflects the maintenance of the country’ s core political values,and the extraterritorial anti-terrorist and anti-extremist legislation model and its self-adjustment principle,especially the experience and lessons in balancing power and protecting individual rights through legislation,which can be used for reference in China’ s legislation.Chapter 7 discusses the characteristics and logic of the change of the legislation on religious affairs in Xinjiang as a whole,and on this basis analyzes the law of the development of the legislation on religious affairs in Xinjiang,and puts forward suggestions on the improvement of the relevant laws and regulations. |