西班牙宗教事务及其法律治理问题研究

On Spanish Religious Affairs and Its Legal Governance

西班牙的宗教传统十分浓厚。进入现代之后,西班牙通过宪法和宗教自由法确立了政教分离、宗教自由和平等保护原则,逐步形成处理宗教事务的法律框架,经历了兼有成功与挫败的法律实践。西班牙宗教事务法律治理的基本经验包括政府与宗教团体签订一系列双边协议、对宗教组织实行登记制度、建立社会多元化和共存基金会、尊重各宗教团体的特殊习俗、立法支持公立学校的宗教教学以及设立宗教自由顾问委员会等,形成了一种与时俱进、富于创新的宗教法律治理模式。

Spain has a strong religious tradition. In modern times, it has passed the Constitution and the Religious Freedom Act, established the principle of secularism, religious freedom and equal protection, and gradually formed the legal framework to resolve religious affairs. The country has experienced both success and frustration during the legal practice of that Act. Good experiences of legal governance of Spanish religious affairs include achieving a series of bilateral agreements between the government and religious groups,establishing re istration system for religious organizations, setting up the foundation for pluralism and coexistence, respecting the tradition of various religious groups, providing legislative support for religious public schools, creating the advisory board of religious freedom, and so on. Through these practices, it has explored a new path for religious law governance full of innovations to develop with the society.