Analyse Chinese Legal System Of Religious Property

Religious property is an important and sensitive topic. Historically, the Christianity of the west has the tradition of church-run industry; and Buddhism, Taoism in the East largely rely on Church property and donations, alms and other means to maintain operations. In contemporary market economy, the relationship between religion, economy and society becomes increasingly close and complex. In modern society, secular tendency of religion is getting stronger. On one hand they are more concerned about the ecological environment, social security and other aspects of practice and playing a unique role therein. On the other hand, economic activities, and related values were gradually introduced into the temple of religion, commercializing and industrializing. Driven by interests religious property in our country nowadays has become an important and sensitive social issues. To explore the relationship between religion economy society will better our understanding of the "religious" factor in the economy as well as the particularity of religious economy and is of great significance for our understanding and regulating of religious property.This paper is divided into four major sections.The first part presents the relationship between religious organizations and the economy and religious organization plays an important role. While religions have a relative independence, it is the product of social needs grown and developed, and gradually becomes a social force to be reckoned. Guiding the religious organizations in the community to play an active role in the market and avoiding excessive expansion of property in religious organizations should be the basic principles of religious property legislation in our country.The second part of my paper presents religious property about the legislative proceeding, pointing out the lack of religious property legislation and improved countermeasures. Although China has been aware of the importance of law in regulating religious affairs, but existent law was primarily focus on regulating of the religious organization as political organization. Civil law on such issues is out of sight, especially on issues like religious organizations as a civil entity and religious property. There exists not adequate provisions and those that exist are sometimes very confusing. "Property is character". Duing to religious organizations, the main provisions of the normative is not strong; Property loss and other regulations dealing with religion eventually results in the dilemma of property ownership disputes. Religious property ownership is both a political issue and a legal issues, but the track in the rule of law vests in the system through the reconstruction of religious property. In this way, the civil right of religious organizations to strengthen the property management is more obligatory.The third part of the main departure presents from the religious property, and points out that building a religious legal system is the institutional guarantee for the development of modern religion demand for. Property is the protection of religious life, and is religion's engaging in normal activities of the funding guarantees. Rational status of religious organizations, regulating access to get religious property, and meeting the religious needs of economic and social activities are practical problems needed religious laws to solve. In this article, the contents of the study start to explore the nature of the establishment of religion, and propose the idea of legal persons to meet the needs of the autonomy of the independence of religious organizations; It is proposed exploratory discussions on the contents of the scope of religious property, as well as the face of the "sacred" and "secular" in sharp contradiction in the economic social activities, and pointing out that religious property is not the fundamental purpose of religion, but rather a means of religious activities. Religious economic and social behavior is in order to protect religious activities independent, to protect religious intangible assets to meet the people's belief in religious freedom as a precondition.Part IV points out that under the premise of religious legal system, sources of religion property, religion property's operation mode, scope and limitations, and how to distinguish religious clergy's property and religious property. Because of its Sanctity, economic development in the monastery should be subject to certain restrictions, in particular, should fully take into account its religious culture, religious heritage and other aspects of historical value. Monks'and religious property in the distinction is also urgent to solve. So we should divide into two time periods to analyze the monks'property including monks before or after-acquired property and the prperty got in the temple. For the monks, the property before or after the secular life in the clergy should be owned by individuals; while the monks engaged in religious activities , all the proceeds of property should be belonged to religious organizations. This dichotomy of the monks'property for our research provides an important property of inheritance help.