The Civil Subject Status Of Chinese Temples

Along with the market economy operation in China,religious temples and monasteries of monks in real life and other legal persons,citizens more and more close social relationships,and whether the property relationship or tort relationship,these relations have caused both theory and law disputes,solve a series of problems lies in giving the civil subject what kind of legal status of Chinese Temple legislation,China's current law is only given religious religious groups in the civil subject status of juridical association,but the people's Republic of China "law" in the October 1,2017 the formal implementation of the general principles of civil law "," take two yuan main system of corporate non profit legal entity under the legal person and donor to me in the temple.Although this legal system has been newly introduced,there are still a lot less than the religious legal person system.This article is divided into four parts to explain why we should give the civil subject status of our temple as a religious legal person.Through the analysis of the civil subject theory,the concept of civil subject for current internal debates,and through the "civil law" and "civil law" the relevant provisions of the comparison,reveal China's advantages and disadvantages of corporate donations and temples take corporate social groups two yuan civil subject position.Because of the civil protection of civil subject in our country present Temple higher standard,is standing on the shoulder of accumulation and improve,so the historical status of China Temple longitudinal combs of the civil subject,to explore the historical origin of the legitimacy of the civil subject to the temple practices.Focusing on the status of China's religious temples,the temple of the civil subject of China's existing three major problems,are the temples of civil subject legislation and time conflict;temple property ownership is not clear;the lack of religious legal system.To connect with the world legal system of extraterritorial protection of high standard temple,horizontal comparison,divided into three types: the temple of civil subject legislation juridical person,corporate,religious legal type,found in China and other advanced religious law system countries,and obtain the status of civil subject in our country choose enlightenment temple that is,choose the religious legal,religious corporation not only the tools necessary to properly resolve the legal issues of the civil subject legal temple in China,and the religious legal system in our country andthe legislation choice but also religious situation with good,to encourage religious and resolve disputes of win-win results,therefore,must be clear about our Temple religious legal civil subject position.