Research On The Legal Relations Between State And Religious Organizations

The relationship between the state and religious organizations --- secular relations originated from the separation of church and state campaign in the western countries in modern times. It is a subject rich in connotations in legal research. Different historical and cultural traditions and religions of different countries led to different types of church-state relations. The system of separation of church and state is universally implemented in modern countries, which is also one of the basic principles of modern constitutionalism.The legal status of China's religious organizations is the social organizational legal person, which needs to meet the requirements of the general organization legal person, and plays an important connective role in religious activities as organizers of religious activities. This thus raises the issue of autonomy of religious organizations as social society.In practice, there exists a certain degree of tension between the state administration of religious organizations in accordance with the law and autonomy of religious organizations. In fact, this is a problem of how to determine the reasonable boundary between the two legal relations. This involves the issue of legal relations on how to deal with the state and religious organizations in the autonomy and registration of religious organizations and in the religious property and religious education. This is the main problem in this thesis.This thesis further proposes that religious organizations, as social organization, is the main participator in the process of civil society growing. The fact that the state laws entitle religious organizations the rights of setting up public welfare undertakings by law is conducive to the development of religious organizations and religious NGOs, thus beneficial for Chinese civil society to grow mature. Meanwhile, this also creates a system space for religions to actively adapt to modern society.On the basis of the Marxist view of religion, this thesis studies the legal relations between the state and religious organizations by comprehensively using of law research methods such as historical method, comparative method, value analysis method, empirical analysis method and semantic analysis method to achieve a breakthrough in this field.