A Study On The Identification And Inheritance Of Private Property Ownership Of Religious Clergy In China

With the socio-economic development in China, religious groups are increasingly involved in secular economic activities. Their participation is conducted mainly through the participation of religious clergy in the dissemination of religious doctrine or in other secular economic activities. In this context, it is of great importance to discuss whether a clergy have private properties, and if so, which part of the properties can be inherited.The results of such discussion can consequently provide important insight into the analysis of legal rights and obligations of clergy as legal personality when they get involved in secular economic activities. Furthermore, because the clergies act as the main behavioral agents of their religious group, this research is therefore helpful for the construction and improvement in terms of property regimes of religious groups.The objectives of this thesis is to put forward countermeasures and suggestions to solve the problem concerning the ownership and inheritance of private property of religious clergy through a thorough analysis of related issues. The first chapter illustrates the problem by providing several cases. The second chapter moves on to summarize and critically analyze various current theories concerning property ownership of religious personnel. The third chapter further analyzes the problem in three crucial dimensions: the religious traditions, the status quo of related legislation and the status quo of judicial practice. It observes the fact that various problems occur when it comes to the inheritance of properties related to religious clergy, and it can potentially threaten the collective property of the religious group. These problems are mainly caused by an absence of clear and specific legal definitions and requirements on the ownership and inheritance of private properties concerning clergy in the existing law. Furthermore, there are a lot of conflicts and contradictory between the provisions of the religion and the existing law,and most of such conflicts and disputes on succession problems are simply avoided or ignored in current judicial practice. Taking into account the particular circumstances in China, the fourth chapter then puts forward concrete suggestions for bridging the gap between the current relevant legislation and the provisions of the religious group and thus perfecting the regulations about the ownership and inheritance of private property concerning clergy people.The significance of this research lies in that it provides theoretical basis and unique solutions to the practical issue concerning the ownership and inheritance of private property of religious personnel. The settlement of such issue also plays an important role in the protection of the collective religious properties and the protection of legitimate rights of religious personnel as a citizen, as well as in upholding the national law and stabilizing the religious circumstances in China.