On The Ownership Of Property And The Temple Dispute Settlement Mechanism

With the development of socialist marketing economy, the temple and its sojourner-the clergy has increasingly involved in all kinds of social relationship, just like other participants such as corporation or citizen, among which the property relation is the most fundamental、direct and sensitive one. The issue of sense of belonging of temple has yet to be set up, and the existing normative documents of administrative authorities have contradicted to each other. Last but not least, there has a room for clarifying and settling in regarding of legal dispute of the temple’s property ownership in judicial activities, for instance. property dispute、succession dispute、tort dispute and intellectual property dispute, etc.Therefore, how to determine property ownership of temple and settle the legal disputes on related issues?The paper will divide the above-mentioned questions-into six sections including the introduction.The targeting question will be proposed in the introduction; meanwhile, in order to find a starting point of research, the writer is trying to carding and evaluating the current research situation of academic circle.The second part concentrates on ways of acquisition of Chinese temple property, and divides the property into four types in accordance with practice. All these provide groundwork for the research of temple’s property ownership that appears in following discussion.The third part aims to probe into relative legal system and remaining questions of Chinese temple’s property ownership.The fourth part employs method of cases with analysis of similar to sum up four types of our temple’s property ownership, summarizing and analyzing the disputes in current academic circle and legal profession. Then, to further discuss causes of such disputes. The fifth part pays attention to institution of temple’s property ownership in leading counties in order to use for reference for perfecting legal system of our temple property ownership.The sixth part presents the idea of completing Chinese temple property ownership and come up with the solution for resolving the four types of disputes which are summarized in the fourth part.Through the series of analysis, the writer deems that Chinese temple should be Religious Corporation by definition, and relevant systems can be perfected on such basis. Beside, we should make clear the principles which apply to temple property ownership as well as various types of temple property ownership. Finally, in order to cope with power of temple property ownership, we should set up rules to keep it under control. According to these conclusions, concrete solutions can be carried out in coping with disputes of all kinds of cases.