The Religious Property Legal System In China

In the course of human development, the existence of religion has a close relationship with every country, the human life and the development of society.Since the reform and opening up, the trend that the religious property comes to the legal system has become more and more obvious, but the phenomenon that the religious property right is not unified still exists. The real estate registration of religious buildings, the management and use disorder problem of religious property has always been there. The ties between religious, secular, and the market economy becomes increasingly close with the tendency of religious culture commercialization.In our country, the research on its management and protection is relatively scarce and there is a lack of adjustment method, the method of qualitative. The religious property has the commonality with common property, but lies more on the particularity, the complexity and sensitivity. Therefore, the scholars researching on religious property pay more attention to the management and protection of religious property.This paper conducts the discussion from five aspects.In the first part, it elaborates the background of the selected topic, briefly describes the relations between religion and society, summarizes role of the religious organizations on the society and the positive role of society on religion. The demand is the base for the existence and development of religious organizations, but if the religious organizations go beyond the boundaries to intervene other things, the country and the society will have forced management. Our country needs to establish and perfect the religious property management system as soon as possible in the light of religious property management loopholes. In addition, it carries out the literature review of the religious property system at home and abroad, and has a summary of the theory significance and value, research purpose, ideas, difficult points of the selected topic.In the second part, it elaborates the connotation, origin, characteristics and the related legal relationship of religious property,clarifies the concept, divides the origin of religious property,and sums up its characteristic. In addition, the legal relations of the three aspects of property right, the creditors’ right and the inheritance that the religious property involves are discussed.n the third part, firstly it summarizes the laws and regulations that the religious property contents involve in our country, sums up the regulation characteristic of theexisting law on religious property, puts forward the shortcomings of religious property legislation from the aspects of religious property protection, ownership and legal rights, etc., and analyzes the reason for the problems.In the fourth part, it takes a comparative analysis of the religious legislation mode of some countries and regions, sums up the USA and Russia, which advocate to adopt " social group corporate" and Germany and Taiwan region of China, which advocate to adopt "consortium corporate" and Japan, which advocates to use of "religious corporate". By comparing the three different legislative systems, it summarizes its characteristics, finds out the contents which can be learned and suitable for religious property system in our country, and concludes that the Japanese religious corporate system is more consistent with China’s situation, and which is of great significance.In the fifth part, from the problems arising from previous religious property, it puts forward the thinking and suggestions on perfecting China’s legal system of religious property. It proposes related concrete regulations of establishing a sound religious property system from clarifying religious property ownership in our country,establishing the religious legal system of religious property protection, refining the protection measures of religious property, strengthening the supervision measures of religious property and improving the remedy measures of religious property.