| With the development of society and economy, Chinese monks’income is increasing. Monks property inheritance disputes are well known. Property relations are the most sensitive, but there is no legal regulations on this issue. In the judicial practice, the judiciary also has ambiguities in approaching the problem. Building a socialist country under the rule of law must strengthen the legislation on Religious Affairs.Our country implements the policy of freedom of religious belief. After the profound transformation of Buddhist religious system, Buddhist rational religious precepts and habits are protected and respected by the laws of the state as an important part of the policy of freedom of religious belief. But the Buddhist discipline and state laws exists many conflicts, especially on the issue of monastic property inheritance. The purpose of this thesis is to make clear that the monastic private property right. Then explore the monastic property right of inheritance on legal perspective. Based on the existing literature and Chinese and foreign scholars’ research results, analysis the problem of monastic property inheritance preliminarily. Combining the national religious policy and current law of inheritance, the writer throws out suggestions to solve the disputes. Therefore, the paper will divide the above-mentioned questions into six sections.The first section introduces the question. The writer defines the connotation and extension of "monks" and "property right". The dual identity of monks makes them face the conflict of Buddhist discipline and existing law. The writer questions the legal issues involved in the monastic property inheritance.The second section is Chinese monastic private property rights system. This section firstly explains Chinese monks’ private property in history. Secondly it instructs measures of contemporary Chinese monks’ private property access. Thirdly, it introduces the main categories of contemporary Chinese monks’ private property including creditor’s right, intellectual property right and so on.The third section aims to clear the legal basis of monastic property inheritance. This part in turn tells the relevant regulation of Religious property policy and current law, the regulation of religion customary law on the monastic property inheritance, the will of dead monks, sources and nature of property. The writer focuses on confirming monastic property right on legal principle to indicate tendency.The forth section is case analysis of monastic property inheritance disputes. According to the time sequence, the writer analyses the different attitude during different period by three real cases. This question formats the parties to the game situation:The Buddhist Association proposals that temples inherit the monks’ heritage according to the traditional customs; the court has been eroded problem; the monks’ relatives are more and more attention the huge heritage. Therefore, China legislature should define it clear in the form of law.The fifth section is Chinese monks’ inheritance problems and countermeas-ures. This part propose two monks’ property inheritance issues that we are fac ing now:one is legislative gaps under the rule of law, and the other is the co nflict of religious law and conventional law. We can draw on the experience o f foreign monks’ property ownership system, such as Thailand, Japan, Korea an d other Buddhist countries relevant systems and regulations on religious propert y. The writer suggests that the legislature set the monastic property inheritance right in the form of law. The judiciary and religious authorities should properl y resolve the monks’ property inheritance disputes. This section presents specific legislative proposals and suggestions to solve the corresponding disputes.The last part is the conclusion. This section summarizes the above five par ts, show that this is only a preliminary study of Chinese monks property inher itance issues, further research related to the theory and practice issues that mus t be made. |
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