China Study Of Tibetan Buddhism Ownership Of Property

This paper is devoted to legal ownership of Tibetan Buddhism property under the society ruled by law in our country.Tibetan Buddhism has a long history,and widespread in our country.After generations, Tibetan Buddhism has accumulated substantial property.Tibetan Buddhism property,has a special function and the use of the property,characterizes itself by a sacred color and its devotion to the particular religious venture.Property of Tibetan Buddhism Tibetan Buddhism is not only the material basis for Tibetan Buddhism's survival,but also the material security of Tibetan religious believers' freedom of religious belief.It's legal ownership has some business,can not be ignored,with the problem of religion,and ethnic issues,that's why it's a very important legal issue. During a long time in the past,that property is outside the law's main concern,due to the imperfect of our country's law system,which caused Property rights uncertainty.Therefore,this paper,guided by the methods such as empirical analysis,historical investigation,intended to provide some theoretical argument and support to help our country clear up the legal property of Tibetan Buddhism in law,through the analysis and study of the following parts.PartⅠ:The main study of current status of property rights of Tibetan Buddhism.The origin of Tibetan Buddhism property is much complicated, mainly three sources,self-support income,the social contributions,and the government investment,the Tibetan Buddhism belongings,could be divided into Buddhist belongings,magic belongings and the monks' belongings,namely the so-called "three treasures",according to the law of Buddhism dogma,it can be divided into a building,land-based real estate and movable property such as offerings for Buddhist and classic books, based on the traditional theory of civil law regarding the division of immovable and movable property.While inspecting the property truth of Buddhism,this paper investigated and analyzed our country's current policy and legislative status on religious property mainly. PartⅡ:theoretical and legal analysis of Tibetan Buddhism's legal ownership of property.This paper firstly defined the criteria should insist to ascertain property right,that the property acquisition must follow the provisions of the law,and by legal means,addition,must also consider Tibetan Buddhism's tradition,and follow some of the characteristics of their own specific criteria and methods.In addition,to determine the legal ownership of Tibetan Buddhism property,must also adhere to the established general principle,such as one property,one ownership,the principle of statutory property rights and so on.With these standards and methods,based on further analysis,this paper suggested that,temples,the country,specific entities such as Lama of Tibetan Buddhism can become the owners of the property.As to certain property,this paper,based on the first part on Tibetan Buddhism's three main sources of property, accomplished an analysis of the problem of which entity can be its owner.PartⅢ:Mainly an analysis and discussion of the system value of a clear attribution of Tibetan Buddhism property right,and the specific position should be adhered to.As to the system value,this paper concentrated on the value of assuring the realization of the property's religion function,and further more,the positive influence of the property right on a sound settlement of the relation between temples,the country, specific entities such as Lama.In order to realize that system value,this paper suggested that,to uphold and improve Tibetan Buddhism property right system,we should base on a clear relationship between temples,the country,specific entities such as Lama.Rights and obligations on certain property of various entities should be established separately,in order to achieve a clear legal ownership of the property,and for the promotion of the above-mentioned purposes to provide system support.Conclusion:A clear legal ownership of Tibetan Buddhism property,is not only required by exerting the property's necessary religious function, but also required by the regulation of social lives,even the necessary meaning of the adjustment of property ownership.In view of this,our country in future legislation should institutionalize Tibetan Buddhism property right through specific laws and regulations in order to secure the realization of Tibetan Buddhism property's religious purpose,and achieve the purpose of the law itself.