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On The Perfection Of Our Country's Religious Legal Person System

Posted on:2020-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:H J ZhuFull Text:PDF
GTID:2436330578972176Subject:Law
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The "General Principles of the Civil Law of the People' s Republic of China" promulgated in 2017 for the first time legally confirmed the legal person qualifications of places of religious activities,and incorporated all kinds of religious organizations into the scope of the legal system of civil law.Such adjustments strengthen the legal protection of religious property.Regulating the management of religious affairs will have far-reaching implications.However,the formulation of the General Principles of the Civil Law of the People' s Republic of China and the Regulations on the Administration of Religious Affairs,which were subsequently amended,are not perfect for the regulation of the legal organization of religious organizations.Based on the reality of religious management in China,this paper discusses the rationality and necessity of the current religious legal person system in China,and from the perspective of realistic feasibility,the system for establishing approval procedures,legal person property scope,management system,fiscal and taxation system,etc.Give scientific advice,especially what type of legal person should be adopted by the academic community,what kind of registration system should be adopted,and whether it is necessary to conduct a separate religious legal person legislation to analyze and answer in the future.The author believes that it is necessary to draw on the world' s religious legal person system and constantly improve the framework and refinement of the religious legal person system in China.The first chapter is "Overview of the Legal System of Religious Legal Persons in China".It mainly analyzes the connotation,characteristics and extension of the religious legal person system,expounds the status and nature of the legal person in the "General Principles of Civil Law",and affirms the status of legal person in religious places.The positive significance of the religious legal person system.The second chapter is "Problems in the System of Religious Legal Persons in China".It briefly reviews the norms concerning the legal person system before the promulgation of the General Principles of the Civil Law.How do religious organizations obtain legal personality after the promulgation of the General Principles of Civil Law.the choice of legal person types,property ownership,etc.The question is to demonstrate the source and system of thinking.The third chapter "Overview of Foreign Religious Legal Person System" examines the current situation of religious legal system under the political and religious systems of different countries in the world,and focuses on the analysis of the Japanese religious legal person system with similar reference value in China.Can be borrowed and can not be copied.The fourth chapter is to "improve the basic conception of the legal person system in China",and try to deal with the property management system,the internal management system of religious corporations,and the religious types in the future,which are formed by the differences in the types of religious organizations and the religious sects.Suggestions and suggestions.It is believed that the government should engage in religious freedom activities to a limited extent.At the same time,in terms of secular affairs,legislation should be conducive to promoting the sound development of religious groups and strengthening the open and transparent norms of religious organizations in terms of assets such as property and taxation.This paper believes that we should learn from the advanced experience of national legislation,sort out the various types of norms related to religion in China,and make the system more scientific and rigorous,and run more smoothly.
Keywords/Search Tags:legal person system, legal person type, religious property
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