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JulOn the morning of June 22, 2024, the 3rd Biweekly Policy Analysis Meeting of the National Academy of Development and Strategy at Renmin University of China with theme of the Legalization of Religious Work in China was held at Renmin University of China. The meeting was jointly organized by the National Academy of Development and Strategy and the Center for the Study of Law and Religion of RUC. More than 20 experts and scholars from fields such as law, religious studies, public administration, and Marxism, as well as relevant staff from the United Front Work Department of the Central Committee of the Communist Party of China and the National Religious Affairs Administration, engaged in in-depth discussions on the theme of 'Advancing the Implementation of Religious Legalization in the New Era and New Journey,' achieving significant results.
In his keynote speech, Professor Feng Yujun, Director of the Center for the Study of Law and Religion and Director of the Center for Social Transformation and Legal Strategy at the National Academy of Development and Strategy, systematically reviewed the religious legislation work carried out since the national work conference in 2016. This has led to the formation of a religious legal norm system with the Constitution at its core, the 'Regulations on Religious Affairs' as its mainstay, and a combination of specialized religious administrative regulations and general legal adjustments, including judicial interpretations. Overall, China has transitioned from a policy-led and singular administrative management of religious affairs to a dual approach of policy and law, achieving comprehensive governance by law. With the legislative tasks in the field of religion largely completed, the current stage has entered a crucial phase of legal implementation. President Xi Jinping has repeatedly emphasized that 'the vitality of the law lies in its implementation, and the authority of the law also lies in its implementation.' From the formulation of good laws by the NPC, the government, and local authorities to the grassroots implementation of sound governance, advancing the legalization of religious affairs comprehensively, systematically summarizing typical cases and examples of religious law in the new era, assessing prominent issues in the field of religion, and proposing positive and effective legal countermeasures to promote the steady and far-reaching development of religious legalization still require a lot of work. Professor Feng Yujun called on the attendees to engage in deep exchanges, share insights, and jointly contribute wisdom and strength to the theory and practice of religious legalization in the new era.
The first session was moderated by Professor Liu Jinguo, a senior professor at the School of Law, China University of Political Science and Law.
Professor Zheng Xiaoyun, Director of the Institute of Religious Studies at the Chinese Academy of Social Sciences and Director of the Department of World Religious Studies at the University of Chinese Academy of Social Sciences, pointed out that China has currently established a legal system for religious affairs with the Constitution at its core. This system encompasses national laws and regulations, administrative rules, as well as local laws and government regulations at the provincial and municipal levels, ensuring that there is a legal basis for managing religious affairs. However, challenges remain in the governance of religion, including the coordination between policy and legal norms in the implementation of laws and insufficient law enforcement capabilities. To address these issues, it is necessary to enhance the legalization of religious governance through systematic, law-based, comprehensive, and source governance approaches, with a particular emphasis on strengthening the construction of a talented workforce for religious work and promoting the effective implementation of laws and regulations.
Professor He Husheng, Deputy Director of the Academy of CPC History and Party Building at Renmin University of China, reviewed the extraordinary journey of the Sinicization of religion over the 75 years since the founding of New China. He summarized the practical experiences and insights of the theory of Sinicization of religion. Professor He analyzed President Xi Jinping's important discourses on religious work from three perspectives. First, he elaborated on the precise essence of adhering to the direction of religious work, including enhancing the identification of religious believers and guiding the religious community towards autonomous reform. Second, he emphasized the theoretical value of the 'two combinations,' integrating the Marxist view of religion with China's realities, thereby forming a theoretical system that is Sinicized and contemporary. Third, he clarified the practical orientation of emphasizing the main body of Chinese culture, promoting the transformation and inheritance of religion in the process of modernization with Chinese characters. These discourses provide significant guidance for the theoretical research and practice of religious work in the new era.
Professor Shen Guiping, Researcher at the National Academy of Institutional Research (Beijing) of Zhejiang University and former Deputy Director of the United Front Theory Teaching and Research Department of the Central Institute of Socialism, first summarized the achievements in local legislation as well as the standardization and institutionalization of religious groups and religious activity venues. She then addressed issues such as the high mobility of the cadre team, the need to improve knowledge of religious policies and laws, some ambiguities in legal provisions, and the inadequacies in social collaborative governance. She proposed countermeasures such as strengthening the construction of professional talent teams, conducting long-term assessments of fundamental major issues, promoting coordinated advancement and hierarchical governance, and establishing a long-term mechanism for close cooperation among various departments.
Professor Liu Chengyou, Director of the Cultural Security Research Center of the National Security Research Institute of Minzu University of China, discussed the importance of religious rule of law from the perspective of historical and cultural security. He pointed out that the process of Sinicizing religion has always been accompanied by the construction of religious rule of law, and that historical lessons provide important insights for contemporary religious governance. Adhering to the direction of Sinicizing religion reflects the theoretical consciousness and cultural confidence of the Party and the country in the new era. It is essential to consider regional differences and cultural identity in religious governance to avoid unnecessary social conflicts. President Xi Jinping's discourse on the Sinicization of religion is not only a high-level theoretical summary but also a practical guideline. Studying the history of religious rule of law helps enhance cultural security and social stability, contributing to the great rejuvenation of the Chinese nation.
Professor Liu Peifeng from the School of Law at Beijing Normal University elaborated on the necessity of governance according to regulations from three perspectives: the improvement of corporate governance structure, the importance of compliance management, and the deep understanding of traditional religious rituals. Addressing issues such as the current lack of motivation for institutional innovation in religious groups, improper behavior of religious figures after obtaining privileged status, and management problems caused by the trend of corporatization of religious venues, Professor Liu suggested resolving these through the improvement of corporate governance structures, compliance management, reasonable evaluation, and the creative transformation of traditional religious rituals.
In his speech, Professor Zhang Fenglei, a member of the National Committee of the Chinese People's Political Consultative Conference and a professor at the Buddhist and Religious Studies Institute of Renmin University of China, pointed out that managing religious affairs according to the law is a fundamental principle of religious work and requires persistent advocacy from the academic community. Although some progress has been made in relevant laws, regulations, and institutional construction, there are still issues of non-compliance in the field of religious governance. He emphasized that the fundamental issue of religious problems lies in the understanding of religion, and some management issues stem from inconsistent understanding of religion. It is necessary to conduct in-depth research on the social functions of religion in a socialist society and formulate religious policies based on the fundamental national condition of the primary stage of socialism. Strengthening the construction of three key teams—the team of Party and government cadres, the team of representatives from the religious community, and the team of religious researchers—is essential. It is crucial to firmly establish a legal mindset and implement the management of religious affairs according to the law. A correct view of religion and scientific management methods are of great significance for promoting the legalization of religious governance.
Professor Yu Xueming, a professor at the Department of Philosophy and Director of the Center for the Study of Religion and Law at China University of Political Science and Law, pointed out that the construction of religious laws and policies in China has already achieved initial success. Moving forward, it is necessary to conduct comprehensive assessments and evaluations of religious governance based on social development and the effectiveness of policy and law enforcement, truly achieving the management of religious affairs according to law and scientific management. Especially in the context of unprecedented changes in a century, it is crucial to avoid the normalization of emergency management approaches in religious affairs.
China's religious governance has two dimensions: the legalization of religious work and the guidance of religion to adapt to socialist society. Proactive guidance is also an effective method of prevention and control, as it fosters positive interaction between religion and society and avoids increasing administrative and legal costs. The legalization of religious governance requires clarifying the boundaries of the law to avoid excessive management and advocating for a holistic perspective on religious issues. There is an urgent need to cultivate a group of talents with 'religious literacy' for religious governance. This involves strengthening the education of religious history and culture in universities from the perspectives of civilizational education, general education, and humanistic education. It is essential to nourish students with the methods and achievements of interdisciplinary and cross-disciplinary religious studies, enhancing their ability to scientifically and rationally 'view' and 'deal with' religion, and helping them grasp the theories and methods of the Marxist view of religion.
The second session was chaired by Professor He Husheng, Deputy Director of the Institute of Party History and Construction at Renmin University of China.
In his speech, Professor Feng Yujun pointed out that the legalization of religious work and the Sinicization of religion are both important manifestations of the modernization of religion. Currently, there are issues in the management of religious affairs, such as excessive administrative coercion, insufficient application of legal thinking and methods, and lack of coordination in religious governance. These issues should be addressed by establishing an authoritative and efficient coordination framework for religious affairs, strengthening the dissemination and training of laws, regulations, and policies, ensuring the stable expectations of laws and regulations, issuing relevant guidelines for rights protection by the concerned departments, and conducting reviews of the filing of legal norms. This would ultimately achieve efficient, lawful, and scientific governance of religious affairs.
Lei Lihua, former Deputy Director of the Religious Research Center of the United Front Work Department of the CPC Central Committee, discussed the current issues and suggestions regarding the protection of religious cultural heritage. She highlighted the lack of attention and protection for religious cultural heritage in the current work of legalizing religious affairs, the difficulties in confirming the ownership of religious artifacts, and the lack of financial support. Lei suggested enhancing legislative and enforcement research on the protection of religious cultural heritage, urging the state to increase financial investment and establish a religious cultural heritage protection fund. She advocated for promoting the confirmation of property rights of religious activity venues, clarifying ownership and responsibilities, leveraging the religious community's role in cultural heritage protection, strengthening training and publicity efforts within the religious community, and ensuring the effective implementation of the 'Cultural Relics Protection Law.'
Associate Professor Zhang Yina from the Department of Ethnic and Religious Studies at the Central Institute of Socialism pointed out that the cultivation of talents within the religious community is crucial for advancing the Sinicization of religion. The quality of religious talents directly affects the progress of Sinicization, and the capabilities and levels of individuals within the religious community determine the appearance of religion in China. In addressing current issues, she proposed several measures. First, emphasize the construction of religious institutions and support their development towards modernization and standardization. Second, increase efforts to support local socialist academies in training religious talents, strengthening education in political consensus, cultural identity, and capability enhancement. Third, cultivate multi-disciplinary talents who can interpret religious doctrines and thoughts in a Sinicized context to address the issue of doctrinal abstraction. Fourth, optimize the levels and structure of religious talents, addressing the shortage of faculty through collaborative education programs. Fifth, establish a scientific and reasonable mechanism for the selection, appointment, and evaluation of religious talents, creating a conducive environment for their cultivation.
Associate Professor Zhang Xuesong, Deputy Director of the Buddhist and Religious Studies Institute at Renmin University of China, explored China's cross-cultural governance capabilities as an ancient empire. He noted that 'Sinicization' does not necessarily imply effective governance through Hanization and assimilation but should instead fully recognize the diversity and richness of Chinese culture's concept of 'harmonious diversity.' He emphasized the need to cultivate cross-cultural governance capabilities. Addressing the current challenges in the religious publishing industry, he suggested shifting from static security to dynamic security and from passive security to active security. Specific measures include segmenting publishing work to target religious believers, the general public, and the academic community, striving to publish high-quality religious books, telling the story of Chinese religion well, and enhancing the influence of religious publications. This approach aims to comprehensively showcase the features of Chinese religion and achieve the security and prosperity of religious book publishing.
Zhu Ming, Senior Researcher at the Greater Bay Area Institute of Law and Business, emphasized the importance and urgency of religious rule of law. He cited examples of local religious legislation and implementation to illustrate the necessity of establishing a theoretical system of religious law, including regulations on minors entering religious venues, the issue of prohibiting trademarks with religious significance, handling civil disputes involving clergy, inheritance of monks' estates, and legal practice issues related to temple volunteers. He argued that constructing a theoretical system of religious rule of law with Chinese characteristics is necessary to better address the complex issues in practice. It is not enough to simply copy Western jurisprudential theories; innovation and development of socialist religious rule of law theory must be combined with China's excellent traditional culture.
Du Lingyun, Director of the Beijing Falie (Chaoyang District) Law Firm, shared her practical experience in providing religious legal services and explored the future direction of such services. She pointed out that the prerequisite for providing religious legal services is to establish the correct political stance and viewpoint, and to handle religious issues in accordance with actual circumstances. Religious legal services should address issues legally, humanely, and respectfully, recognizing the uniqueness of religion. When dealing with illegal actions by religious individuals, it is important to differentiate between intentional crimes and acts of ignorance to protect the legitimate rights of the religious community. Handling cases involving influential clergy requires particular caution, as these cases can have a significant impact on the religious community.
Professor Liu Taigang from the School of Public Administration at Renmin University of China discussed the topic of emotional governance and religious rule of law. He first reviewed the history of rational worship since the Renaissance, pointing out the limitations of rationality at the end of the industrialization era and emphasizing the importance of deliberative democracy and process democracy, which has led to the rise of emotional governance. Given that the religious field is one of weak rationality, high emotion, and deep culture, there are conflicts between religious belief and scientific rationality. Devout faith reflects high emotion, while religious customs and cultural heritage showcase profound cultural depth, providing more room for emotional governance. Contemporary emotional governance in the religious field has four key points: injecting emotion into the legal framework, ensuring emotion does not exceed legal boundaries, using emotion to complement the legal framework, and warming the legal framework with emotion. By injecting emotion, the rule of law can become more humane and effective. This approach can improve the effectiveness of religious rule of law, better serving the management and development of the religious field.
Lu Xun, Deputy Secretary-General of the Buddhist Association of China, discussed the role of religious groups in promoting the Sinicization of religion and the legalization of religious work. He believes that the staff of religious groups need to comprehensively and accurately understand the laws, regulations, rules, and policies in their field, similar to the requirements for Party and government cadres. They also need to have high levels of religious knowledge and various professional skills. Currently, religious groups generally face a shortage of talents, reflecting deeper issues in their governance structure and capacity. In practice, some religious groups and venues actively collaborate with third-party legal service organizations to conduct compliance checks on their rules and regulations, making timely corrections. Their daily work also strives to comply with national laws, regulations, and their own rules and regulations, reflecting the requirements of Sinicization and modernization of religion.
(Translated by ZHANG Yuqing; Proofread by YANG Fanxin)
The "Biweekly Policy Analysis Meeting" is a high-end policy discussion and exchange platform developed by the National Academy of Development and Strategy at Renmin University of China (NADS). It aims to promote the construction of NADS as a high-end think tank characterized by a 'new platform, extensive network, interdisciplinary and cross-cutting approaches, innovation promotion, and high output' through the research, analysis, and comprehensive evaluation of public policies. This platform gathers high-quality resources from within and outside the university, as well as from government, industry, and academia, striving to provide 'Renmin University perspectives' on major policy issues in fields such as politics, economics, society, culture, ecology, law, and diplomacy.