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A Study On The System Of Religious Corporate

Posted on:2018-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:H F LinFull Text:PDF
GTID:2416330596451999Subject:Law
Abstract/Summary:PDF Full Text Request
whether in daily life or national affairs,religion is important thing that can not be ignored as cultural phenomenon in long history of human society which has a great impact.At present,there are many religions in our country,among which Buddhism,Taoism,Islam,Christianity and Catholicism are representatives.In order to promote the harmony relationship of religious,promote religious adapt socialist society,promote the religious play an active role in society,we should promote scientific legislation,democratic legislation,improve the quality of legislation,and strive to form a sound religious legal system.Fairness and justice are the value pursue of society all the time,while democracy and rule of law are the inevitable trend of modern social transformation.With the improvement of our citizens' consciousness of the socialist rule of law,the subjective consciousness and autonomy demand of the religious circles are also more intense than before.Religious legislation and religious affairs management should change from "control" to "protection" of the religious organization,from the case of "audit" into the standard "confirmation",from direct control to indirect governance.In this context,it is imperative to redefine the guiding principles and spirit of religious legislation and to develop new religious legal systems that make it easier for religiousorganizations to obtain legal personality and to recognize the civil rights of religious organizations."General principles of the civil law" regulates religious groups' corporate system for the first time,which is the first try of religious organizations corporate in our country.But because society control of the legislative thoughts,"social organization registers regulation" and other laws and regulations for the establishment of social organizations take strict system of examination and approval of registration.Now the number of religious groups,religious groups in China is limited,which have single function in the realization of social organization and limited function in self management and assist of the social governance.The general principles of the civil law embodies the spirit of reform,the religious legislation specified route,which are not continue and develop in the "regulations on religious affairs","property law" the regulation of religious law and basic civil system.In contrast,with the development of religious undertakings,religious activities play an increasingly important role in daily religious affairs and grow into a kind of important religious organization.Due to the current legislation of religious activity places of religious organizations have not stipulated the corporate status,it caused religious property protection,security issues.religion and law call for legislation and academic discussion for many times."The general civil law" which represents by article ninety-two of the religious activity places legal system construction took a solid step in the process of religious organizations corporate,which has a positive significance in solving the actual problems and continuing to promote the religious rule of law construction.At the same time,we should know the definition and classification of religious sites as corporate subject to the general civil law itself about the lack of legal definition and classification of corporate,which is not fully meet the needs and completely solve the religious rule of law and corporate problems of organized religion.There are still problems need to be solved.Promoting the settlement of the key issues of religious problems by the rule of law,according to the law to protect the freedom of religious rights of citizens,combining with China's actual religious situation,comparing with foreign religiouslegislation practice,the author believes that China's religious organizations can be set completely for the new religious legal type through the enact of single religious law to regulate and constrain.The religious corporate law should stipulate the religious organization as the type of religious corporate,and according to the religious historical and cultural traditions,the teachings of the rules and regulations to set the religious foundation,religious associations religious associations and other religious corporate classification.And we should make rules for the establishment and change of the religious corporate,and the full protection of the personality and property of the religious corporate and make full use of the modern corporate system in order to realize the self-development and self-discipline of the religious corporate in the internal management of the religious corporate.Involving religious members of the membership,membership rights,members of the property issues,we shoud pay attention to religious habits and make religious rules and content as a legal source.In addition to religious corporate,the religious organization without the corporate registration or not yet have the legal conditions is also an important part of our religious organization which should not be flat to deny its legal status.Considering expand of the system,religious law should reconcile so that it can be checked to the religious corporate in the concept and system design.Religious organization Legalization is the inherent demand of modern religion,and it is necessary to guide the religious community and religious believers to enhance the national consciousness,legal consciousness,civic consciousness and raise the religious organization's self in order to construct a religious legal system which conforms to the national conditions and defines the scientific and systematic system.Constraints,self-management ability;to improve the religious field of governance system and the ability to modernize the level of governance to achieve the legalization of religious work.
Keywords/Search Tags:religious human law, general civil law, religion group, religious activity place
PDF Full Text Request
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