宗教法治的三个基本问题

Three Basic Issues of Religion under the Rule of Law

在实现社会主义宗教法治的进程中,必须从宪法和法律层面处理好政教关系、宗教自由和宗教组织这三个基本问题,并针对具体宗教事务树立一种"规则型"的问题处理方式。政教关系是决定宗教事务法治化能走多远的基座,宗教组织的法律地位是政教关系和宗教自由的载体,保障宗教自由则是宗教法治的最终目标。一个国家的宗教事务治理,若有适宜的法律规范可循,并能避免专制和无政府状态这两个极端,就可以趋近或实现法治。

In the process of realizing the socialist religion under the rule of law,we should deal with three basic issues appropriately in the perspective of Constitution and law,and establish a rule-based pattern to manage specific religious affairs. The three basic issues are the relationship between government and religion,the freedom of religion and the religious organization. The relationship between government and religion is the basis for the legalization of the religious affairs,and will decide how far the legalization can go. The legal status of the religious organization is the support to the relationship between government and religion,as well as to the freedom of religion. Guaranteeing the freedom of religion is the ultimate goal of religion under the rule of law. If there are appropriate legal norms for governing the religious affairs,and extreme despotism and extreme anarchy can be avoided,the governance of religious affairs in a country will get close to and realize the rule of law.