After the open-door policy, those nearly disappeared religions during the Cultural Revolution were arising again in mainland China. Chinese communist government, at the same time, proposed the religious policy, amended the Constitution to make the freedom of religious belief into the Constitution, and enacted the religious regulations. However, Christian house churches were often persecuted by Chinese communist government with illegal reasons. The goal of religious legal system is to achieve the freedom of religious belief, so, why did the religious persecution continue happening in China? Does the legal system need to be amended? That¡¦s the background of this research.
This research uses the five major frameworks of administrative law, which includes administrative principles, administrative organization, limitation of administrative power, administrative remedy, and administrative supervision, to exam the operation of the legal system of the Christian house church management in China. Both document analysis and historical narration are the main research method to figure out what are Chinese communist government¡¦s considerations about ruling house church and what are house church¡¦s claims and requests toward the government. As a result, according to the five major frameworks of administrative law whether there are any improvements on¡§the legal system of Christian house church management in mainland China¡¨, and also to provide suggestions to achieve the goal that is protecting the freedom of religious belief and maintain the order of management at the same time.
In this research through the five major frameworks of administrative law, the Chinese coummnist government insists the religious organizations must obey the Chinese communist party and the government, which is the base of proceeding religious government and legislation. As a result, only the patriotic religious organizations are legal; the rights of governmental supervision are too strong; the freedom of religious belief was restricted. Christian house church insists the freedom of religious belief should not be interfered by politics. This has made the house churches illegal, and enforces a ban of house churches. The Chinese communist government and Christian house churches had been lacking of communication for a long time, and the government strictly monitors religious organizations. In responding to the external pressure, the house churches developed certain ways to survive that made it even more difficult for the government to manage. This situation highlighted the recent legal system of religious management unsuitable for the house churches. The Chinese communist government should re-exam their policy on house church management, readjust policy thoughts and amending the legal system, and ensure protection of the freedom of religious belief.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0816110-164545 |
| Date | 16 August 2010 |
| Creators | Jheng, Jhong-fu |
| Contributors | Shuai-liang Deng, Samuel C. Y. Ku, Chyi-lu Jang |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0816110-164545 |
| Rights | unrestricted, Copyright information available at source archive |
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