Study On Legal Problem Of Current Temple Properties In China

For a long time, few studies have been done on the issue of Buddhist temples property ownership in that it is not only an interdisciplinary study involving both the knowledge of Law and Religion, but also a more sensitive political issue. As the material foundation of the life of Buddhist clergy and the self-support of the Buddhist groups, Buddhist temples directly affect clergy’s life quality.It is not only a political issue,but also a legal problem,precisely even a matter of property ownership according to civil law. It is great significance to implement the policy of freedom of religious belief according to the law. What’s more,religious property rights has become a heated point in the Civil Code legislation and also a practical problem remained to be solved instantly, therefore it is necessary to make a serious and in-depth theoretical study.By studying Buddhist temples property ownership, this thesis tries to analyze the basic situation of the system of Buddhist temples, the existing problems and the concerned reasons.And then some effective solutions have been proposed.This thesis is divided into four parts to discuss the above-mentioned issues.In the first part, an overview about the Buddhist temples property is given, chiefly introducing the concept, characteristics and origin of of Buddhist temples property so as to provide theoretical support for the following study on Buddhist temples’ property ownership.In the second part, the subject and existing problems of the Buddhist temples property ownership are illustrated with a focus on discussing subject types and shortcomings of the current Buddhist temples property ownership in our nation.The third part is mainly about the legislative status of the Buddhist property system and some typical case analysis. Through analyzing typical cases in the judicial practice and the current problems in the judiciary are summed up in order to provide references for the following disputes solutions.In the fourth part, solutions about the Buddhist monastery property ownership are provided.Based on the analysis of the previous parts, its shortcomings are discussed. Finally, both a very clear Buddhist temple property range and some corresponding judicial recommendations are put forward from the perspective of the status of our nation’s religious temple corporation.