从制宪原意看我国政教分离的宪法规范

Discussion on Constitutional Norm about Separation of Government and Religious in China from Constitutional Intention

西方许多国家为保障宗教信仰自由而在宪法中规定政教分离原则,这主要是基于中世纪政教合一体制的历史根源。我国《宪法》也规定了政教分离原则,但并无这种历史根源可循。关于政教分离的制宪原意,我国除了保障宗教信仰自由,还受到了政治、民族与文化因素的影响。这些特殊的制宪原意延伸出我国政教分离的宪法规范,主要有两个方面:一是政教分离不排斥宗教人士参政议政;二是政教分离也要求国家公平地为各种宗教的发展提供最基本的物质保障。

In order to protect the freedom of religious, many western countries set the separation of the government and reli- gious in constitutions, which has its historical root in the unification of the medieval government and religious. Our Constitution al- so provides for the separation of the government and religious, but there＇ s no such historical root to follow. The constitutional in- tention is related with not only protecting the freedom of religious, but also political element, ethnic element and culture element. These special constitutional intent extends out of constitutional norms of the separation of church and state in China, which mainly displays in two aspects： it is not exclusive to religious people participating in politics; it also requires the government to provide fairly the most basic material security for all kinds of religious.