A Study On The Private Law Relief Mechanism Of Property Rights Of Temple

The survival and development of the temple cannot be separated from the era background,with the rapid development of market economy since China's reform and opening up,the trend of commercialization and marketizat ion has also spread to the field of relig ious property.The social and economic development will inev itab ly lead to the change of social relat ions includ ing temple property rights,Which leads to the increasing disputes.Since the status of temple property in law are not very clear,and the way of adjustment lack of legality and sustainability etc,all these resulting in the difficulties in the practice of judicial office at the specific case processing,and no proper solutions for the some legal disputes involv ing temple property issues.In this paper,the private law relief of the property rights of the temple was discussed through the ways of judicial practice and theoretical research,and the definition of the private law of the temple property in the current domestic legal system was interpreted.As the starting point,through the interpretation of the legal relat ionship of property and temple property category,the ways on the relief protection in the private law level after the infringement of temple property rights was discussed,and the suggestions and methods to solve such problem of legal d isputes was proposed.This paper consists of the four aspects:The first part,the definition on the private law and the necessity of the legal remedy of the temple property.Through the definition of the connotation and category of the temple property,the necessity and moderation of the relief of the property of the temple were extended.The necessity of intervention in the judicial practice to the property disputes involv ing private law relief was discussed from the perspectives of judicial practice,China's current relig ious policy leg islation and the construction of rule of law.The second part,the current situation and evalu ation of the private law relief of the property rights of the temples in China.A detailed analysis on the advantages and disadvantages of private law was made through the interpretation of the legis lat ive status of the temple property and the status of the judiciary.The third part,the comparative study and enlightenm ent of the foreign relig ious property protection.According to the comparative analysis of the relief mechanism of civil laws and regulat ions on the protection of relig ious property in different countries and regions,the lim itation on solut ions of temple property disputes involv ing other remedies was discussed.Drawing experience and inspiration from them,the suitable priv ate law relief for China conditions was proposed.The fourth part,the suggestions on the improvement of the private law relief in China's temples.The research on the current legislation and jud icial practice.The suggestions on the establishment and improvement of private law relief for protection of property rights and interests was proposed from the perspectives of tort law,,and intellectual property law,and prompted to choose the most effective remedies and solutions from them.