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The Juristic Protection Of Freedom Of Religious Belief In Today China

Posted on:2006-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:S H WuFull Text:PDF
GTID:2166360212478176Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Freedom of religious belief is the freedom of citizen to select certain religion of faith and carry on the religion practice freely according to his conviction, which is a bang with right to believe in religion and carry on the religion practice. It originates in the theory on the right of freedom, religious tolerance and separation of religious from political. It is one of the basic human rights, foundation right and limited right and has the characteristic of universality, individuality, exterior and invading. To the legal construction of a station, freedom of religious belief has constitution value to realize citizen's freedom, to promote democratic politics and to safeguard the society stabilizes.In China today, government devotes much attention to the freedom of religious belief, protects the right by the measure of law protection, administration of justice guarantee and administration guarantee, and limits the freedom by some ways because of the complexity of China religious belief and the particularity of the tradition concerns between religious and political, the protection of the freedom exist the problems that the religion legal system is unified, that the religious legislation is backward, that the protection of administration is not so powerful and that the administration of justice is weakly; Moreover, thinking of the external requirements of the international human rights pact, the economic globalization, the changing of model of China's economy development and the building of legal society, we need to strengthen the protection of freedom of religious belief.To construct the guarantee system of freedom of religious belief is the requirement of protection of human rights and building of legal society. Firstly, we must protect the freedom by religious legislation, which concludes the principle requirement as to stables socialism legal construction, to fit the international treaty, to match rights and duties and excellent technology, makes clear the basic conception as religion, evil religion and legal religious activities and improves the religious regulations system by amending constitution, drawing up religious basic law and perfecting auxiliary regulations system. Secondly, we must improve protection of judicial remedy. We can use the proceeds as guiding, coordination and indirect management to improve administrative protection of freedom of religious belief. We try to do well in the legal relief on freedom of religious belief by the ways to Make reification constitutional right and advance the course of constitutional justice.
Keywords/Search Tags:freedom of religious belief, religious legislation, judicial remedy
PDF Full Text Request
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