Research On The Property Ownership System Of Religious Activities Venues In China

The property of religious activities venues is the economic foundation for religious venues to carry out religious activities,spread religious teachings,and conduct public welfare undertakings,as well as the material guarantee for the survival and development of religious clerical personnel.At present,the religious policy and legal documents in our country have relatively chaotic rules regarding the ownership of property in religious venues.The failure to clearly determine the subject of the right exercise has led to the loss of property in religious venues.It is not conducive to the realization of social functions in religious venues and has weakened the material security of religious staff.In the context of managing religious affairs in accordance with the law and the rule of law in religious governance,there is an urgent need to improve the property ownership system of religious venues activities.This paper has sorted out the policy and legal documents and scholars' viewpoints in our country.Since the founding of the People's Republic of China,the property ownership of religious activities venues in the policy documents has roughly experienced the evolution process of the single mode of public ownership,the separate ownership mode and the religious group ownership mode.In legal documents,the "General Principles of Civil Law","Law of Real Rights" and "Regulations on Religious Affairs" do not define the scope and ownership of property in religious groups,religious colleges,and venues for religious activities.“The General Principles of Civil Law “only grants legal person qualifications for venues of religious activities,and there are no corresponding provisions regulating property ownership.The "Regulations on Religious Affairs" in some areas attempted to regulate property ownership,but failed to clearly define property boundaries.Academic circle also failed to unify their views on this,and there are many controversies.There are typical doctrines,such as the theory of the division of ownership of religious property,the theory of purpose property,the theory of religious corporations,and the theory of religious organizations.China's Taiwan region,Japan,and the United States have granted legal person qualifications for religious activities venues,clarifying that property ownership belongs to religious activities venues,but there is a certain degree of restriction on ownership.Japan also classifies properties according to the closeness of property and religious activities.In view of this,the property ownership of religious activities venues in our country can adopt separate ownership models,different properties belong to different subjects,and different types of property should be designed with different rights systems.The relevant property ownership system should be designed into corresponding laws and regulations.Currently,the feasible way is to amend the "Regulations on Religious Affairs" of the "Law on Property Rights" and consider formulating the "Religious Legal Person Law" when conditions are ripe in the future.