Analyse Of The Temple Property Ownership

With the development of society, the temples have to participate in social life, at the same time all sorts of dispute also arises at the historic moment. In many social relations, property relations is one of the most basic, the most direct, the most sensitive relationship. Therefore research on temple property relationship is important. Temples in China are put forward at the start of this article the problems existing in the property ownership, starting from the problem to find the cause of the problem, then solve the problem. This article will focus on analysis of real example, the subject status of the temple, and other issues. These are the problems of legislation and the judicial department is unable to avoid, research to these problems are inevitable and necessary.This paper is divided into four parts,except introduction and conclusion.The first part, the temple’s property ownership dilemma in theory and in reality. The temples property faces two problems.In theory, Temple property ownership is not clear,there is no specific provision in the law; Legal person system is not clear, most scholars agree that the consortium legal person is the positioning of religious organizations in China. But the author thinks that this view is questionable. Reality temple property is facing new challenges,for the survival and development of temple, the use of temple property for profit-making activities are inevitable. Undoubtedly, it is the contradiction; Many temples are built by Government-funded.The temples have building property right disputes.The second part temple property ownership related case analysisThis part is mainly from the typical case proceed with, analysis of China’s temple property disputes of several typical problems, summarizes the controversy behind the legal problem, analysis the root causes of disputes. And join the discussion of specific cases in judicial practice, deviations appear where, extracted from below to start the ideas discussed emphasis.The third part, the cause of the temple title disputes. There are three main reasons, first of all, the idea of the temple’s property without clear understanding. The secondly, policy factors cause disputes.The last causes of temple property disputes is the subject status of the temple.The fourth part of our temple property ownership legislation and judicial suggestions.This part mainly discusses our country temple property ownership law specific provision, as well as insufficient content are discussed, from the whole of China temple property law undertook combing, the analysis of existing problems.Based on the above discussion, according to our temple property right attribution problem put forward legislative proposals, from the temple of clear our country foundation position proceed with, put forward specific legislative proposals.The innovation points of this paper:First, the temple property ownership disputes in judicial practice.An analysis of cases,aim to find the characteristic; Second, examine our country’s legislation and give some suggestions.