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Published online by Cambridge University Press: 23 December 2016
1 Lambert, Tony, “The Present Religious Policy of the Chinese Communist Party,” Religion, State and Society 29, no. 2 (2001): 127 CrossRefGoogle Scholar.
2 Marx, Karl, “Toward the Critique of Hegel's Philosophy of Right,” in Marx and Engels: Basic Writings on Politics and Philosophy, ed. Feuer, Lewis S. (New York: Anchor Books, 1989), 263 Google Scholar; also see Kolodner, Eric, “Religious Rights in China: A Comparison of International Human Rights Law and Chinese Domestic Legislation,” Human Rights Quarterly 16, no. 3 (1994): 466–67Google Scholar; cf. Raines, John, Marx on Religion (Philadelphia: Temple University Press, 2011)Google Scholar.
3 It existed from 1931 to 1935 in Ruijin, Jiangxi Province; and from 1935 to 1937 in Yan'an, Shaanxi Province. The Soviet Republic of China was established in November 1931 by the Chinese Communist Party in several provinces, although most of China was still controlled by the National Party.
4 There were several revolution-based border governments established by the Chinese Communist Party during the period of civil war, and they served as the revolution bases of the Chinese Communist Party before the establishment of the People's Republic of China in 1949. These include the Shanganning Border Government (1937–1950), Suwan Border government (1945–1949), and Jinchaji Border Government (1941–1948).
5 See Feng Jinyuan and Min Xianliang 冯今源、敏贤良, 中国共产党宗教政策的历史发展 [The historical development of the Chinese Communist Party's religious policies], accessed July 27, 2016, http://www.mzb.com.cn/html/report/150936282-1.htm (in Chinese) and http://www.pacilution.com/ShowArticle.asp?ArticleID=4609 (in Chinese).
6 The Common Program of the Chinese People's Political Consultative Conference was adopted by the first plenary session of the Chinese People's Political Consultative Conference on September 29, 1949. As there was no constitution immediately after the establishment of the People's Republic of China, it served as the temporary constitution.
7 Common Program of the Chinese People's Political Consultative Conference art. 5 (Sept. 29, 1949); the Constitution of the People's Republic of China, adopted in 1954, provides, “Citizens of the People's Republic of China enjoy freedom of religious belief. No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The State protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State. Religious bodies and religious affairs are not subject to any foreign domination.” Xianfa [Constitution of the People's Republic of China] art. 36 (1954).
8 Xiong, Ping, “China's Responses to Minority Religions,” in State Responses to Minority Religions, ed. Kirkham, David M. (Farnham: Ashgate, 2013), 213–14Google Scholar.
9 See Yuan-lin Tsai, 中共宗教政策的制度面分析 / “An Investigation on the Institutional Aspect of the Chinese Communist Party's Policy toward Religion,” Journal of the Taiwan Indigenous Studies Association 3, no. 2 (2013): 143–48 (in Chinese), http://www.cis.ndhu.edu.tw/files/11-1016-9554.php; also available at http://nccur.lib.nccu.edu.tw/bitstream/140.119/71132/1/143-160.pdf.
10 For example, see Cohen, Jerome, “Reforming China's Civil Procedure: Judging the Courts,” American Journal of Comparative Law 45, no. 4 (1997): 793 CrossRefGoogle Scholar.
11 关于我国社会主义时期宗教问题的基本观点和基本政策 [The basic viewpoints and basic policies on religious issues during socialism period of our country], Document No. 19 of the Central Committee of the CPC, March 31, 1982, available at http://www.mzb.com.cn/html/folder/290171.htm (in Chinese).
12 The government does not directly select or appoint clergy, but supervises it by requiring the recording of the clergy. Article 2 of the Method for Recording Religious Teaching Professionals defines the religious teaching professional as the person who is appointed by his or her own religious organization in accordance with the appointment method of his or her own religious organization to conduct religious activities. 宗教教职人员备案办法 [Method for recording religious teaching professionals] (promulgated by the State Administration for Religious Affairs, December 29, 2006, effective March 1, 2007) No. 3 Decree of the State Administration for Religious Affairs (China), available at http://sara.gov.cn/xxgk/zcfg/xzfgjbmgz/2196.htm (in Chinese).
13 See Lambert, “Present Religious Policy,” 123n2.
14 Tsai, “Investigation on the Institutional Aspect,” 150n10.
15 Xi said, “We should guide and educate the religious circle and their followers with the socialist core values, and guide the religious people with ideas of unity, progress, peace and tolerance,” In particular, CPC members must act as “unyielding Marxist atheists, consolidate their faith, and bear in mind the Party's tenets.” “China Focus: Xi Calls for Improved Religious Work,” Xinhua, April 23, 2016, http://news.xinhuanet.com/english/2016-04/23/c_135306131.htm (in English), and http://news.xinhuanet.com/politics/2016-04/23/c_1118716540.htm (in Chinese).
16 Ibid.
17 Blasek, Katrin, Rule of Law in China: A Comparative Approach (Berlin: Springer, 2015), 16 Google Scholar. This is also the policy, Central Committee Decision concerning Several Major Issues in Comprehensively Advancing Governance According to Law, made by the CPC during the Fourth Plenary Session of the 18th Party Congress, October 23, 2014, which explicitly pointed out the importance of the role of law as an instrument of state governance. Available at http://chinalawtranslate.com/fourth-plenum-decision/?lang=en (last visited November 23, 2016).
18 These include 国务院批转宗教事务局、国家基本建设委员会等单位关于落实宗教团体房产政策等问题的报告[The report on the issues of real property of religious organizations], State Administration for Religious Affairs and the State Capital Construction Commission and ratified by State Council of PRC, July 16, 1980; 最高人民法院、国务院宗教事务局关于寺庙、道观房屋产权归属问题的复函 [Reply letter on the ownership of the real property rights of the Buddhist and Taoist temples], Supreme People's Court and the State Administration for Religious Affairs, January 27, 1981; 中共中央办公厅、国务院办公厅转发中央办公厅调查组《关于落实党的宗教政策及有关问题的调查报告》的通知 [An investigation report on the implementation of CPC's religious policies and other issues], recirculated by the General Office of the CPC Central Committee and the General Office of the State Council, December 29, 1985; 国务院宗教事务局、民政部关于印发《宗教社会团体登记管理实施办法》的通知 [The implementation measures of registration and administration of religious associations], State Administration for Religious Affairs and the Ministry of Civil Affairs, May 6, 1991.
19 宗教活动场所管理条例 [Regulations on the administration of sites for religious activities] (promulgated by the State Council, January 31, 1994, effective January 31, 1994) No. 145 Decree of the State Council, available at http://www.law-lib.com/law/law_view.asp?id=10179 (in Chinese); 宗教事务条例, The Regulation on Religious Affairs (promulgated by the State Council, July 7, 2004, effective March 1, 2005) No. 426 Decree of the State Council, November 30, 2004, available at http://www.sara.gov.cn/xxgk/zcfg/xzfgjbmgz/331824.htm (in English) (last visited November 23, 2016). Article 48 of this document repealed the 1994 regulation.
20 For more discussion of the controlling nature of the laws concerning religion in China, see Xiong, Ping, “Freedom of Religion in China under the Current Legal Framework and Foreign Religious Bodies,” in “Religion, Democracy and Civil Society,” ed. Worthen, Aaron, special issue, Brigham Young University Law Review 2013, no. 3 (2014): 610–16Google Scholar.
21 These provisions from the State Administration for Religious Affairs include the following: 宗教活动场所设立审批和登记办法 [The method for the establishment, approval and registration of religious sites], April 21, 2005 (which replaced the April 13, 1994, 宗教活动场所登记办法 [The method for the registration of religious sites]); 宗教教职人员备案办法 [The method for the recording of religious teaching staff], December 29, 2006; 宗教院校设立办法 [The method for the establishment of religious seminaries], August 1, 2007; 宗教院校学位授予办法（试行）[The provisional method for the degree awarding by religious seminaries], November 5, 2012. All available at http://www.sara.gov.cn/xxgk/zcfg/xzfgjbmgz/index.htm (in Chinese, with some items in English).
22 See, for example, Xu Jiliang 徐季良, 呼唤宗教立法的缺失 [The lack of legislation of religion], March 2005, http://www.pacilution.com/ShowArticle.asp?ArticleID=6716 and http://www.fjdh.cn/wumin/2009/04/16135159371.html (in Chinese); Liu Peng 刘澎, 关于宗教法人 的专题研讨纪要 [Outline of a study on the special topic of religious legal personality], 宗教与法治「季刊」 [Religion and rule of law] no. 4 (2005), http://www.pacilution.com/ShowArticle.asp?ArticleID=6568 (in Chinese); Master Daojian 道坚法师, 宗教立法已有基础 步子可以再大一点 [There are some bases for religion legislation, and a bigger step can be extended], December 15, 2012, http://www.pacilution.com/ShowArticle.asp?ArticleID=6482 and http://fo.ifeng.com/a/20151215/41523749_0.shtml (in Chinese); Master Shenghui 圣辉法师, 佛教界合法权益并未完全在法律的保护下 [The legitimate interests of Buddhists are not under the protection of law completely], October 5, 2015, http://www.pacilution.com/ShowArticle.asp?ArticleID=6296 and http://fo.ifeng.com/a/20150928/41483457_0.shtml (in Chinese). All sources last accessed on July 28, 2016.
23 “Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Involving Violent Terrorism and Religious Extremism,” Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Document No. 34 [2014] of the Ministry of Public Security, September 9, 2014, available at http://www.spp.gov.cn/zdgz/201409/t20140922_80679.shtml (in Chinese) (last visited November 8, 2016).
24 The law was adopted at the 18th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China. Counterterrorism Law of the People's Republic of China (promulgated by the President of the People's Republic of China, December 27, 2015, effective January 1, 2016) No. 36 Decree of the President of the People's Republic of China, available at http://law.npc.gov.cn/FLFG/flfgByID.action?flfgID=35320530&keyword=%E5%8F%8D%E6%81%90%E6%80%96%E4%B8%BB%E4%B9%89%E6%B3%95&zlsxid=01 (in Chinese) (last visited November 23, 2016).
25 Ibid. Article 4 of the law deals with eliminating extremism such as that which rises from the distortion of religious doctrine in order to incite extreme actions, such as hatred, discrimination, or violence. Article 6 requires respect of human rights and religion when dealing with terrorism issues. Article 81 deals with minor offenses related to incitement to religious extremism.
26 Clarke, Michael, “Widening the Net: China's Anti-Terror Laws and Human Rights in the Xinjiang Uyghur Autonomous Region,” International Journal of Human Rights 14, no. 4 (2010): 542–58CrossRefGoogle Scholar.
27 See “Xinjiang Drafts 1st Statute against Religious Extremism,” China Daily, January 14, 2016, http://www.china.org.cn/china/2016-01/14/content_37573586.htm. Also, on August 1, 2016, the Method for Implementing the Counterterrorism Law, issued by the People's Congress of the Xinjiang Autonomous Region, came into effect.
28 See the white paper issued by the State Council, 中国的宗教信仰自由状况 [Freedom of religious belief in China], October 16, 1997, available at http://www.sara.gov.cn/zcfg/bps/2222.htm (in Chinese) and http://www.china-embassy.org/eng/zt/zjxy/t36492.htm (in English) (last visited November 8, 2016).
29 Xianfan [Constitution of the People's Republic of China] art. 36 (2004).
30 Provisions on the Administration of Religious Activities of Aliens within the Territory of the People's Republic of China (promulgated by the State Council of the People's Republic of China, January 31, 1994) No. 144 Decree of the State Council of PRC, available at http://www.sara.gov.cn/xxgk/zcfg/xzfgjbmgz/331823.htm (last visited November 23, 2016).
31 Rules for the Implementation of the Provisions on the Administration of Religious Activities of Aliens within the Territory of the People's Republic of China (promulgated by the State Administration for Religious Affairs, September 26, 2000, effective September 26, 2000), available at http://www.sara.gov.cn/xxgk/zcfg/333505.htm (last visited November 23, 2016).
32 There are only five officially recognized religions in China: Buddhism, Taoism, Islam, Catholicism, and Protestantism, and they all belong to five associations recognized officially, which are independent of their foreign counterpart organizations. The “unregistered” or “underground” churches are not considered religions. See Durham, W. Cole Jr. and Scharffs, Brett G., Law and Religion: National, International, and Comparative Perspectives (Austin: Wolters Kluwer, 2010), 447 Google Scholar.
33 “China Focus: Xi Calls for Improved Religious Work.”
34 Ibid.