Study On The Religious Property And Its Legal Protection

Religion is a universal phenomenon in the long cultural history of mankind. Most of the countries in the world are professing religion, and it is closely linked with the development of human society. According to marxism theory, religion is a kind of social ideology, is a part of the superstructure, while the economic foundation is the root of superstructure exists. Religious property is the foundation of guarantee the normal development of religious. Our country's religious property protection research is relative weak when compare to other property protection research, because religious property not only has similarities like general property, but also has its unique complexity and political sensitivity. Therefore, the reasonable solution to property protection has increasingly become a hot issue of scholar and social concern. Full text is divided into five parts except for the preface and the epilogue part:The first part is the introduction of religious property and legal relationship of religious property. Firstly introduce the concept of religious property, the author illustrates the concept of religious property through scholars'views of religious property and the existing provisions of law. Further analysis of the characteristics of religious property, the author thinks that religious property should have a few features:the property subject peculiarity, the diversity of property source, political sensitivity, historic and interdisciplinary nature in religion and law. At the end of paper discusses the legal relationship of religious property involved, such as property rights, claims and inheritance law.The second part of the ownership of religious property. This section definite the importance of religious property ownership, religious property ownership is the logical starting point for religious property. Only if make sure the ownership , disposition,the using right of religious property, the subject of claims can be sure. Then examine the foreign ownership of religious property in some countries, and later introduce the situation of religious property ownership in our country after founding. Mainly from the national policies, practices and relevant knowledge of the person concerned to show the shortcomings of the religious property ownership identified. Finally, the introduction of legal concepts of religion, sum up all religious property shall be vested in religious corporation. The third part, the comparison analysis of legal protection of religious property. Author gave a example of Japan and the United States which belong to the common law, both have a successful experience in the protection of religious property.Firstly, introduce on the Japanese protection of religious property in its religious corporation law, and then shows that there is no special religious legislation in the U.S, and through non-profit corporation for religious practices in the protection of property together. Finally, finding out the two countries on the protection of religious property in common, summed up China should learn from Japan's legislative model in order to consummate the protection legislation of religious property.The fourth part is the analysis of the legal protection of religious property. First through existing laws and regulations about religion property protection, induce several aspects of the protection of religious property in China so as to explain there are still exist that legal basis for religious property protection is insufficient, religious property ownership is not clear, laws and regulations provision is not strong, and operation of multilayer religious legislation caused disunity problems in judicial.The fifth part, the legislation thinking for improving our religious property protection. First talk about the legislation is the forerunner of using of implementation of the law, only if religious property legislation ready, religious property protection just has a legal basis. Then, talk about the guiding principle of the protection of religious property legislation that should considered the scope of religious properties and classification, mainly relying on civil legal means to adjust and refine the financial management system of religious property and penalties and remedies. Finally, according to the guiding ideology of legislation put forward the specific recommendations to perfect the religious property legislation.