佛教僧侣财产权探析——宗教财产权研究之一

On Buddhism Clergies' Property Rights——A Study of the Religious property rights

实证分析表明:佛教僧侣具有双重主体身份,他们既是宗教界的出家人,又是市民法上的自然人。依佛教教规,僧侣通常不应蓄财;但依民法,僧侣应享有其私人财产所有权。此文探讨了我国现有法律与宗教在僧侣财产权问题上的冲突,分析了僧侣财产权的特殊性,建议设立民法上的宗教财产所有权,解决法律与宗教的冲突,为司法审判提供适法依据。

The case analysis indicates Buddhism clergies have the dual subject statuses. They are not only monks, but also citizens based on the residential law. According to the Buddhism canon, clergies should not gather wealth, however, they have their own private property rights in line with the Civil Law,. This paper discusses the conflicts in the matter of the clergy property rights between the existing law of our country and the religion doctrine. Through an analysis of the particularity of the clergy property rights, some suggestions are put forward that the ownership of the religion property rights be set up in the Civil Law and that the solution to the conflicts between laws and religion be given, thus supplying legitimacy basis for adjudgment.