【作者】 何群；

【导师】 于莹；

【作者基本信息】 吉林大学 ， 法律， 2009， 硕士

【摘要】 我国现有的宗教法律、法规是由行政法规、地方性法规、地方政府规章、部门规章组成的。近些年来,我国在宗教立法方面又进行了有益的探索和尝试,先后出台了《宗教场所管理办法》、《宗教事务条例》,我国的宗教立法从绝对数量看并不少,但从立法的系统性和科学性看,总的来看仍然存在许多不足之处。在我国的法制建设全局中处于滞后状态。由于宗教立法未得到足够重视,同时已出台的行政法规、地方法规,由于法律位阶低,已不适应宗教工作的需要,宗教界和广大信教群众的需要。因此,制定一部全国性的综合性的宗教基本法,已是当务之急。本文通过探寻中国宗教立法的不完善的历史原因和现实不足,并试图通过对这一问题的研究,找出完善宗教立法的有效途径。即更新宗教立法观念,确立宗教立法的基本原则,完善宗教立法具体措施,推进宗教立法的顺利进行,使我国的宗教工作有法可依,有章可循。更多还原

【Abstract】 After revolution, professional regulations related to religion began to be made in our country, which can ensure the freedom of religion of citizens by law and definite the connotation of the freedom of religion. The regulation offers operable guidance for religious activities, management of religious social groups, annual check for the place of religious activities and the employment of foreign nationality professionals and effective legal ground to stop or attack illegal religious activities; the regulation plays an important role in maintaining the freedom of religion of citizens, standardizing communion and religious activities and protecting religious culture. But from the angle of legislation and science, the regulation should be strengthened which is still at the hysteretic state in the legal construction of our country, which can’t meet only the needs of religious work but also the needs of believers. Besides, some extrusive problems exist in the current laws which are embodied on the following aspects: Firstly, position in the law is low, that’s to say, a national integrated basic religious law is needed. Secondly, legislation skills are not mature, which is embodied in the content of structure, conception and wording. On the aspect of content, some is too simple, even lacking in important chapters and important clauses, for example, legal obligation which should be the important part in religious legislation. As long as make the legal obligation clear, relief can be done for breaking the rules, infringement, damaging and committing crimes in the fields of religion and religious work. The content is not mentioned or seldom mentioned in part of local regulation and governmental rules, which places emphasis on the punishment for illegal behavior of believers, but neglect the punishment for the staff of state organs in treating religious affairs.The meaning of religious legislation is illuminated in Part-1. In broad sense, the meaning of religious legislation points to three kinds of different legislations or three aspects of religious legislation; in narrow sense, religious legislation points to the activities, regulation or laws made by national legislative bodies related to religious affairs. The topic of the article is religious legislation which points to the religious legislation in narrow sense. And then the necessity of religious legislation is discussed. Improving religious legislation is the necessary choice of the development of the era. Improving religious legislation is necessary for the strengthening the building of legal system. Improving religious legislation is the basic guarantee for building socialist spiritual civilization. Improving religious legislation meets the needs of ensuring the freedom of religion of citizens. Improving religious legislation meets the needs of maintaining the harmony of religion and the society.The current state of religious legislation in our country is discussed in Part-2. After revolution, legislation exploration and practice in religion began to be carried out in our country. Religious professional laws and regulation were made in our country, to ensure the freedom of religion of citizens by way of laws and define the connotation of the freedom of religion so as to offer operable guidance for religious activities, management of religious social groups, annual check for the place of religious activities and the employment of foreign nationality professionals and effective legal ground to stop or attack illegal religious activities; the regulation plays an important role in maintaining the freedom of religion of citizens, standardizing communion and religious activities and protecting religious culture. But from the angle of legislation and science, the regulation should be strengthened which is still at the hysteretic state in the legal construction of our country, which can’t meet only the needs of religious work but also the needs of believers. Besides, some extrusive problems exist in the current laws which are embodied on the following aspects: First, lag behind in legislation concept which takes the place of perfect legislation with the prominent administrative regulation. Second, some problems can’t be solved depending on relative laws and blind area exists in religious legislation. Third, the regulation of legislation is rough which lacks in procedural rules and maneuverability. The reasons for not improvement are embodied on the following factors: First, it is influenced by big background of law building, and religious legislation started late. Second, it lacks a religious team of leaders with steady and high personality, which limits the improvement of religious legislation. Third, different opinions exist in the problems of religious legislation.Foreign religious legislation is discussed in Part-3. American, British and Japan’s religious legislation are introduced mainly in the part. American religious legislation is mainly two famous sentences: establishment and freely practice sentences. The connotation of that is separation of religion from politics and religions liberty. In America based on Jesus as the traditional belief, separation of religion from politics and religions liberty is emphasized, and the substance isn’t only to protect the basic rights of citizens, but also to maintain social public benefits and national benefits. American government adopts the attitude of nonintervention and hands-off, and follows close to the line of separation of religion from politics and religions liberty rules in the amendments to the Constitution, which offer base for free development and free competition of various of religions, multi-sects in America so as to ensure the brisk and flourish of American religion market. Till now Britain is one of the few countries that own official Christian church. Compared with the treating methods of America, the problem of religious legislation of Britain lacks the right two pieces of rules and the consequence is that official Christian church combined with national bureaucracy effectively during the long development in history, turning into part of superstructure of the country. When the Christian church benefited from worldly regime, the mode of irrespective of politics and religions brought Christian church unexpected substantive damage. Japan is one of the countries that carry out the mode of irrespective of politics and religions. The religious legislation of Japan is embodies in Religious Corporate Law, that’s to say, the Religious Corporate Law of Japan shows the new features of religious legislation under the new historical background. First, it solved the law position of religious groups. Second, religious property is under the jurisdiction. Third, the property of religious corporation can get relief after suffering from aggrieve.Measures to improve religious legislation of our country are discussed in Part-4. Religious legislation is the objective requirement for the development of socialist legal system, also the real needs of religious work. Compared with other fields of our country, religious legislation starts late, and lags behind relatively, with urgency. Because religion involves in civil rights, economy, politics, cultures and many other social fields, what’s more, religious legislation is a complex project, we should combine with the realistic state of our country to establish the basic rules of religious legislation, using foreign religious legislation as a source of reference so as to improve religious legislation. We should absorb international relative experience on legislation, which accords with the need of unification so as to ensure the science, systematicness, suitability and stability of religious legislation, paying attention to the connection of laws and policy. Religious legislation should show epochal character and maneuverability. Religion must be carried out within the scope that laws permits to strengthen the quality of legislation by studying and broadcasting basic laws of religion to improve relative system of religious legislation.更多还原