Research On The Ownership Of Temple Property Under The Background Of Civil Code

Temple is not only an important symbol of Buddhist culture,but also an important platform for Buddhist monks and believers to carry out religious activities.Corresponding to the importance of temples,temple property is also of extraordinary significance for the development of Buddhist activities: On the one hand,it provides a solid material guarantee for the normal operation of the temple,and on the other hand,it also has an important practical significance for the survival and development of the staff in the temple.In practice,China has not yet issued a unified religious property legislation.Existing religious policy and legal documents on the ownership of temple property are relatively chaotic,and the subject of right exercise cannot be clearly determined,leading to the loss of temple property,which not only causes adverse consequences to the normal operation of the temple,but also restricts the performance of the temple to its social duties.In the academic circle,different scholars have different opinions on the issue of religious property,especially on the basic issue of temple property rights ownership has not been reached.The Civil Code has added the provisions of donation legal person,which effectively solves the problem of the main status of temples.Compared with the previous legal documents on religion,it is a great breakthrough in the legal system of our country that the civil code recognizes the qualified places for religious activities as the donor legal person,and this move also provides a new path for the settlement of the issue of religious property ownership.However,after the legal person status of the temple is determined,the problem of religious property rights could not be solved entirely.With the development of economy,the communication between religious groups and the secular world has become more and more frequent and the same trend applies to temples.Since the basic problem of temple property ownership has not been solved,religious property disputes occur from time to time.To solve the problems of property ownership of temples that currently exist,first,we must clarify the property relationship between related parties.Moreover,how to correctly view and properly solve the contradiction between secular law and religious doctrine is also one of the focus of the problem.Based on the study of the property rights of Buddhist temples,this paper analyzes the basic situation and existing problems of the property rights of Buddhist temples in China,and puts forward some suggestions on the attribution rules of temple property combined with the mature legislative experience of some foreign countries and regions.The first part is an introduction.This part mainly introduces the background of the issue of the ownership of temple property and the significance of studying this issue,and analyzes the related concepts such as religious groups,religious associations and religious venues.Buddhism has been rooted in China for nearly two thousand years,with a large number of temples and believers,and rich types of property occupied and used by Buddhist temples.Therefore,this paper selects Buddhist temples as the research object to study the property ownership of temples.The second part mainly explains the sources and types of temple property.The types of Buddhist temple property are rich,and its sources are also rich and diverse,mainly including historical inheritance,dedication of property,temple self support and government investment.At the same time,according to different classification standards,the composition of temple property is also different.This article mainly classifies the temple property by two standards,one is the material form of the temple property and whether the temple property is movable.The third part of this paper summarizes the characteristics of religious property legislation in different periods since the founding of the People’s Republic of China,and summarizes its laws.There are all three stages: The preliminary exploration of the temple property ownership system,the abolition of temple property protection,and the legalization of the temple property system.Then it summarizes the development trend of temple property ownership system in China to provide historical guidance for solving the problem of property ownership of temples in our country.The fourth part mainly studies the current situation and existing problems of the temple property in China.At the legislative level,there is no clear and unified standard for temple property ownership in China.Different legislative documents have different provisions on the ownership of temple property.Generally speaking,the main ownership of temple property is as follows: state,collective,Buddhist religious association,private ownership,etc.In addition,the registration system is not perfect,temple "contracted","listed" issues,the confusion between monastery property and monks and nuns’ property also needs to be resolved urgently.The fifth part is a comparative study of the property ownership system of places of religious activities outside the region.Through the analysis of other countries and regions to help the problem of temple property ownership in our country.The sixth part is the conception of solving the dispute of temple property ownership in China.Through the analysis of the previous parts of the article,we present my own view of the ownership of the temple property.First,there is no doubt that the state enjoys ownership of temple land and specific relics with high historical and cultural values,and the temple legal personality enjoys ownership of other general temple property.Secondly,we should make clear the boundary between the property of monks and nuns and the property of temples.Therefore,monks and nuns should own private property,as a result,monks’ legitimate private property should also be recognized.This paper believes that the distinction between all private property and all temple property should be based on the meaning standard,which conforms to the principle of civil law meaning autonomy and provides guidance for solving the problem of mixing between monk and Ni property and temple property.In addition,the registration of the main body and property of the temple should also be regulated to ensure that the temple property should be more fully protected.