Study On Legal System Of Religious Property

Religious property is related to the survival and development of religious organization, is related to the basic survival of faculty, is related to the interests of the broad masses of religious believer, which affect the implementation problem of our country’s policy on freedom of religious belief. So the establishment of religious property regulation has the vital significance. Religious property given the burden of public welfare purposes, however, the particularity of its different from general property, the regulation can not simply apply the general civil law, this is why our civil legislation in the aspect of religious property appears the gap, in addition, many religious denominations in our country, the existence of the foreign religion makes handling the problem of religious property tends to involved sensitive political issues, through policy manage the religious affairs became one of the characteristics of a religious property rights system in China. However, with the development of our society, coupled with principle and instability of the religious policy, in the face of the complicated variety of religious affairs, policy regulation appears pale, and religious property law omission makes religious property can not get the complete protection in China, serious religious property loss. On the strategy of governing the country according to law requires us to use the law to govern the country’s all transactions, including religious affairs, build perfect property system of religion, clear the ownership of religious property, made the religious property rights system is perfect, the design of a complete set of religious property rights safeguard measures, these are problems that our religious legislation must be solved. This paper is divided into four major sections.The first part described the current situation of religious property system in our country. The national policy, laws and regulations which was involved with the religious property were listed in this part, moreover, their drawback were pointed out so that we could expected a more perfected religious property system to be established.The second part described the general thought of rebuilding the religious property ownership system on the premise of dissecting the religious regulation. Then there were three kinds of theory which was involved with the ownership of the religious property.They were Legal person’s ownership doctrine, Property-purpose doctrine, and Distinguishing ownership theory.On the basic of analyzing there theory, the doctrine which was supported by this article was pointed out. Its main idea was that religious property belongs to the religious legal person.The third part presents the basic contents of the religious property system. Firstly, it described the real right and intangible property rights of the religious organization. Secondly, it analyzed four concrete issues which was related religious property system, for example, the inheritance succession issues of the monk, the ownership of the religious cultural relic, the demolition of the sites for religious activities, the Neighboring right of the sites for religious activities in the scenic spot.The fourth part discusses the safeguard measures of the religious property system. It included the protection of the Non-religious organization’s property, making the internal government structure more perfect, improving the financial and accounting system,and establish and improving the information disclosure requirement.