Policy, Legality and Rule of law: The Jurisprudence Thinking for the Management Mode of Religious Affairs in China

IF 0.1 0 RELIGION
Fei Qiao
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引用次数: 0

Abstract

The management of religious affairs has the mode of “Policy”, “Legality”, “Rule of Law” and so on. In the past reformed 40 years, China's religious management policy has a consistent content, and the policy has always held the highest position in the management of religious affairs at all levels of government. Since the 1990s, religious administration has been "legalized" gradually. The implementation of the Religious Affairs Ordinance issued in 2004 marked the management mode of religious affairs in China entered the era that managing religious affairs according to regulations. In 2014, the Fourth Plenary Session of the 18th CPP Central Committee proposed "Integration Building for Rule of Law Country, Rule of Law Government and Rule of Law Society ". In 2016, the National Conference on Religious Work proposed “Improving the Rule of Law in Religious Work ", Rule of Law has become the goal of religious affairs management. Rule of law in religion has factors such as "Rights Protection”, “Separation of Church and State ","Public Power Restriction" and so on. The management of religious affairs in China needs to go beyond the traditional mode such as "Policy" and "Legality". The "Rule of Law" mode of Good Law and Good Governance is the inevitable choice.
政策性、合法性与法治性——中国宗教事务管理模式的法理思考
宗教事务管理有“政策”、“法制”、“法治”等模式。改革开放40年来,中国的宗教管理政策内容始终如一,在各级政府宗教事务管理中始终居于最高位置。20世纪90年代以来,宗教管理逐步“合法化”。2004年颁布的《宗教事务条例》的实施,标志着中国宗教事务管理模式进入了依法管理宗教事务的时代。2014年,党的十八届四中全会提出“法治国家、法治政府、法治社会一体化建设”。2016年,全国宗教工作会议提出“加强宗教工作法治化建设”,依法治国成为宗教事务管理的目标。宗教法治具有“权利保障”、“政教分离”、“公权力制约”等因素。中国的宗教事务管理需要超越“政策”、“法制”等传统模式。良法善治的“法治”模式是必然选择。
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来源期刊
CiteScore
0.10
自引率
0.00%
发文量
14
审稿时长
10 weeks
期刊介绍: International Journal of Sino-Western Studies (IJS) is a Chinese-English bilingual academic journal, which is published twice a year in June and December in Finland by Nordic Forum of Sino-Western Studies. It is published simultaneously in printed and electronic online versions. The Nordic Forum of Sino-Western Studies is a university-related research platform based in Helsinki. We aim at encouraging Sino-Western dialogue, research, and enhancement of scholarly activities, e.g, conferences, student & scholar exchange, academic essay prize, and publication. As part of its publication programs, the Forum publishes a new Chinese-English bilingual journal to promote Sino-Western Studies internationally. The articles published in this journal do not necessarily represent the view or position of the journal or of the editorial board. This journal is fully open access, but once any part of this journal is reprinted, reproduced, or utilized in any form or by any means, presently known or hereafter invented, our journal''s name should be mentioned, including quotations in academic works or book reviews. We neither charge APCs nor authors to publish articles in our journal, and the only license term for quoting or dowloading our articles is to mention our journal''s name as the source of origin. Users can use, reuse and build upon the material published in our journal but only for non-commercial purposes.
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