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

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.