A Study on the Path to Law-Based Governance of Religious Affairs at the Grassroots Level
方烨、张亮:基层宗教事务治理法治化路径研究
Since the 18th National Congress of the CPC, the Party Central Committee has clearly proposed advancing law-based governance in all respects and modernizing the national governance system and governance capacity on the track of the rule of law. As an important component of the national governance system, the governance of religious affairs also needs to achieve the legalization of governance structures, governance procedures, and governance methods. At the 2021 National Conference on Religious Work, General Secretary Xi Jinping listed raising the level of law-based governance of religious work as one of the "Nine Musts" [1]1 “Whoever enforces the law popularizes the law” (谁执法谁普法): A principle in China’s legal system requiring the government department responsible for enforcing a specific law to also be responsible for publicizing and educating the public about that law. of the Party's theory and policy on religious work in the New Era. The Third Plenary Session of the 20th Central Committee of the CPC emphasized "systematically advancing the Sinicization of religions in China and strengthening the law-based governance of religious affairs," and the proposal for the 15th Five-Year Plan [2]2 “Whoever governs popularizes the law” (谁治理谁普法): An extension of the principle in note [1], proposed here by the authors, suggesting that entities involved in governance should also be responsible for law popularization. adopted at the Fourth Plenary Session of the 20th Central Committee of the CPC once again stressed "adhering to the direction of Sinicization of religions in China and strengthening the law-based governance of religious affairs." It can be seen that the law-based governance of religious affairs has become one of the key elements in deepening and solidifying the Sinicization of religions and is also an important requirement for realizing the modernization of religious affairs governance.
党的十八大以来,党中央明确提出推进全面依法治国,在法治轨道上推进国家治理体系与治理能力的现代化。作为国家治理体系的重要组成部分,宗教事务治理也需要实现治理结构、治理程序、治理方式的法治化。在2021年的全国宗教工作会议上,习近平总书记将提高宗教工作法治化水平列为新时代党的宗教工作理论和方针政策的“九个必须”之一。党的二十届三中全会强调“系统推进我国宗教中国化,加强宗教事务治理法治化”,党的二十届四中全会通过的“十五五”规划建议中再次强调“坚持我国宗教中国化方向,加强宗教事务治理法治化”。可见,宗教事务治理法治化已经成为推进宗教中国化走深走实的关键性内容之一,也是实现宗教事务治理现代化的重要要求。
Based on concern for and response to the theory and practice of "law-based governance of religious affairs," academia has conducted extensive research on this topic. Overall, scholars generally agree that the approach to religious work in China has achieved a path shift and directional transformation from "policy management to legal management to law-based governance," and that this shift is consistent with the development of China's national governance concepts and strategies. At the level of practical pathways for law-based governance of religious affairs, various regions have carried out a series of explorations based on specific practices, with political, academic, and religious circles expressing their views from different perspectives. Legalization is a key dimension of the modernization of the religious affairs governance system and governance capacity in the New Era. Overall, current academic attention to the law-based governance of religious affairs occurring at the grassroots level is insufficient, which does not match the reality that most religious activities occur at the grassroots level and most religious affairs arise at the grassroots level. In reality, the rapid development of religion in grassroots society faces a series of governance challenges, such as rampant illegal religious activities, excessive commercialization of Buddhism and Taoism, illegal proselytizing by Christianity, and conflicts over land use for religious real estate. These have a profound impact on grassroots economic development, rural customs and civilization, social governance, and the stability of grassroots political power. How to incorporate the governance of grassroots religious affairs into the national governance system and continuously improve the effectiveness of grassroots religious affairs governance on the track of the rule of law has become an important topic urgently needing discussion in the current field of religious work. Based on this, this article will, on the basis of explaining the important value of law-based governance of grassroots religious affairs, explore the main challenges to achieving law-based governance of grassroots religious affairs based on grassroots practice and propose countermeasures and suggestions, aiming to further raise the level of law-based governance of grassroots religious affairs and achieve a transformation from "controlling" to "managing well" grassroots religion.
基于对“宗教事务治理法治化”理论与实践的关切及回应,学界对此开展了丰富的研究。从整体来看,学者们普遍认同中国宗教工作方式实现了“政策管理—法制化管理—法治化治理”的路径转变与方向转型,且这一转变与我国国家治理理念及战略的发展具有一致性。在宗教事务治理法治化实践路径层面,各地基于具体实践开展了系列探索,政界、学界、宗教界从不同视角发表各自观点。法治化是新时代宗教事务治理体系与治理能力现代化的关键之维。整体上看,当前学界对发生在基层的宗教事务治理法治化关注不多,这和当前宗教活动大多发生在基层、宗教事务大多产生于基层的现实境况不匹配。现实中,宗教在基层社会快速发展,面临着一系列治理难题,比如非法宗教活动猖獗、佛道教过度商业化、基督教非法传教、宗教房地产用地矛盾等,对基层的经济发展、乡风文明、社会治理、基层政权稳定都产生了深刻影响。如何将基层宗教事务治理纳入国家治理体系,在法治轨道上不断提升基层宗教事务治理效能,已然成为当前宗教工作领域亟需探讨的重要课题。基于此,本文将在阐释基层宗教事务治理法治化重要价值的基础上,立足于基层实践探讨当前实现基层宗教事务治理法治化的主要挑战并提出对策建议,以期为进一步提升基层宗教事务治理法治化水平,实现基层宗教从“管住”向“管好”转变作出探索。
I. The Value Implications of Law-Based Governance of Grassroots Religious Affairs
一、基层宗教事务治理法治化的价值意蕴
Under the new situation, raising the level of law-based governance of grassroots religious affairs has important value significance, including the macro-level value of promoting the Sinicization of religions and actively guiding religions to adapt to the socialist society, the meso-level value of promoting legal construction in the field of grassroots religion, and the micro-level value of enhancing the practical effectiveness of grassroots religious affairs governance.
新形势下,提高基层宗教事务治理法治化水平具有重要的价值意义,包括推进宗教中国化、积极引导宗教与社会主义社会相适应的宏观价值,促进基层宗教领域法治建设的中观价值,以及提升基层宗教事务治理实践效能的微观价值。
(A) Macro Level: A Key Element in Deepening and Solidifying the Sinicization of Religions in China
(一)宏观层面:推进我国宗教中国化走深走实的关键内容
Adhering to the Sinicization of religions in China is a major theoretical innovation made by General Secretary Xi Jinping based on the reality of China's religious work and is the core content of the Party's theory and policy on religious work in the New Era. From a theoretical dimension, legalization is a key element and lasting guarantee for deepening and solidifying the Sinicization of religions. From a historical dimension, religions can continuously develop to adapt to the economic, political, and legal conditions of the society in which they exist, and this adaptability is also an important reason why they can become one of the longest-lasting social phenomena coexisting with humanity. Therefore, the essence of the Sinicization of religions lies in making religions undergo changes within the framework of the socialist system with Chinese characteristics that conform to the actual development of Chinese society.
坚持我国宗教中国化是习近平总书记立足于我国宗教工作实际作出的重大理论创新,是新时代党的宗教工作理论和方针政策的核心内容。从理论维度来看,法治化是推动宗教中国化走深走实的关键内容与持久保障。从历史的维度来看,宗教可以为了适应所在社会的经济政治法律条件而不断发展,其适应性特点也是它能成为与人类共生的最长久的社会现象之一的重要原因。因此,宗教中国化的本质在于使宗教在中国特色社会主义制度框架内作出符合中国社会发展实际的变革。
(B) Meso Level: An Inevitable Requirement for Promoting Legal Construction in the Field of Grassroots Religious Governance
(二)中观层面:促进基层宗教治理领域法治建设的必然要求
Comprehensive law-based governance in all respects holds an important position in the process of modernizing the national governance system and governance capacity. China's socialist rule of law is "the most basic, most stable, and most reliable guarantee of institutional governance." [3]3 A Hui ethnic聚居区 refers to a residential area predominantly inhabited by the Hui people, one of China's officially recognized ethnic minorities, many of whom are Muslim. To achieve comprehensive law-based governance in all respects, it is inevitably required to promote legal construction in all aspects, at all levels, and in all fields, including law-based governance in the religious field. History and reality both show that "religious issues have never existed in isolation; they are closely linked with economic, political, and cultural issues, with historical and practical issues interwoven, antagonistic and non-antagonistic contradictions intertwined, positive and negative aspects interacting, and domestic and international factors influencing each other." [4]4 This quote is from Xi Jinping's speech at the Central Conference on Work Related to Law-Based Governance, held in November 2020. It can be said that the process of legalization in the field of religious governance directly affects the overall effectiveness of law-based governance in all respects. In this regard, the "Implementation Outline for Building a Law-Based Society (2020-2025)" [5]5 The Shi Yongxin incident refers to a series of controversies and allegations surrounding Shi Yongxin, the abbot of the Shaolin Temple, a famous Buddhist monastery, including accusations of financial impropriety and moral misconduct that became public around 2015. clearly states: "Properly handle social issues involving ethnic, religious and other factors according to law, and promote harmony in ethnic and religious relations." In recent years, facing the reality that most religious activities occur at the grassroots level and most religious affairs arise at the grassroots level, the governance of grassroots religious affairs still faces a series of problems, such as an imperfect legal and regulatory system, low law enforcement efficiency, and a lack of legal awareness. Therefore, strengthening the law-based governance of grassroots religious affairs has become an important component of advancing the comprehensive strategy of law-based governance in all respects and is also an inevitable requirement for strengthening legal construction in the field of grassroots religion.
全面依法治国在推进国家治理体系与治理能力现代化过程中具有重要地位,我国社会主义法治是“制度之治最基本最稳定最可靠的保障”。而要实现全面依法治国,就必然要求在各个方面各个层次各个领域推进法治建设,包括宗教领域的依法治理。历史和现实都表明,“宗教问题从来都不是孤立存在的,它同经济政治文化有着十分紧密的联系,历史和现实问题相互交错,对抗和非对抗性矛盾相互交织,积极和消极方面相互作用,国内和国际因素相互影响”。可以说,宗教治理领域的法治化进程直接影响依法治国的整体成效。对此,《法治社会建设实施纲要(2020-2025年)》明确指出:“依法妥善处置涉及民族、宗教等因素的社会问题,促进民族关系、宗教关系和谐。”近年来,面对宗教活动大多发生在基层,宗教事务大多产生于基层的现实情况,基层宗教事务治理依然面临着法规体系不完善、执法效能不高、法治意识欠缺等一系列问题。因此,加强基层宗教事务治理法治化已然成为推进全面依法治国方略的重要组成部分,也是加强基层宗教领域法治建设的必然要求。
(C) Micro Level: An Important Measure to Enhance the Effectiveness of Grassroots Religious Affairs Governance
(三)微观层面:提升基层宗教事务治理效能的重要举措
Currently, China is in a critical period of social transformation, facing profound changes in the international and domestic situation. The grassroots social structure and its original value system are undergoing diversification and fragmentation, and grassroots people encounter difficulties in choosing and adapting to spiritual beliefs, values, ethics, and morals. Under the selection mechanism of the "institutional rejection" of the secular system and the "attributional attraction" of religious belief, many grassroots people in the transition period choose to seek care and comfort from religious belief. In recent years, religion has shown a trend of accelerated expansion in grassroots society, with the number of believers and religious activities continuously increasing. This has also given rise to many new problems, such as the intermingling and mixing of legal religious activities, illegal religious activities, and folk belief activities, making it difficult to effectively distinguish and handle them differently; the problem of excessive commercialization of Buddhism represented by the large-scale construction and demolition of temples, high-priced first incense, and the sale of tourism products; the difficulty of governing "internet religion"; the problem of illegal Christian proselytizing, etc. These have had a certain negative impact on the mainstream and dominant position of the core socialist values system at the grassroots level, the party membership base and social authority of grassroots Party organizations, rural customs, family traditions, and folk customs, and the stability of grassroots society. The new changes in religion in grassroots society, the complexity of grassroots society, and the particularity and sensitivity of religious work are intertwined, leading to enormous challenges in the governance of grassroots religious affairs. Based on this, properly handling the multi-dimensional relationships between grassroots Party committees, governments, and religion, between religions, between religion and grassroots society, and between religious believers and non-believers requires transforming traditional management thinking, breaking through the binary structure of "government versus counterparty," and constructing a grassroots religious affairs governance pattern of "Party committee leadership, government management, social coordination, and religious self-discipline." The construction of this governance structure requires clarifying the distribution of powers and responsibilities, cooperation methods, and governance mechanisms of multiple subjects through law. Therefore, legalization has become an inherent requirement and important measure for achieving effective governance of grassroots religious affairs under the new situation.
当前,我国正处在社会转型的关键时期,面临着国际国内形势的深刻变化。基层社会结构及其原有价值体系分散化、多元化的衍变,基层群众遭遇精神信仰、价值观念、伦理道德等方面的选择及适应困境。在世俗体制“制度性拒绝”与宗教信仰“归属性吸引”的选择机制下,处在转型期的基层群众不少选择从宗教信仰中获得关怀慰藉。近年来,宗教在基层社会中呈加速扩张的态势,信教人数和宗教活动不断增多,由此也衍生出许多新问题,比如,合法宗教活动、非法宗教活动、民间信仰活动等交织混杂,难以有效分辨、区别处理的问题;寺庙大拆大建、高价头香、兜售旅游产品等为代表的佛教过度商业化问题;“互联网宗教”治理困难问题;基督教非法传教问题等等,对基层社会主义核心价值体系的主流主体地位、基层党组织的党员基础与社会权威、乡风家风民风、基层社会稳定等都产生了一定消极影响。宗教在基层社会的新变化、基层社会的复杂性以及宗教工作的特殊性、敏感性交织,导致基层宗教事务治理工作面临巨大的挑战。基于此,妥善处理基层党委、政府与宗教、宗教与宗教、宗教与基层社会、信教群众与不信教群众之间的多维关系,需要转变传统管理思维,突破“政府一相对人”二元结构,构建起“党委领导、政府管理、社会协同、宗教自律”的基层宗教事务治理格局。而这一治理结构的构建,需要以法律明确多元主体的权责分配、合作方式、治理机制。因此,法治化成为新形势下基层宗教事务实现有效治理的内在要求和重要举措。
II. Main Challenges to Law-Based Governance of Grassroots Religious Affairs
二、基层宗教事务治理法治化的主要挑战
Since the 18th National Congress of the CPC, many explorations and attempts have been made regarding the law-based governance of religious affairs, from the central to the local level, achieving some results and accumulating some experience. Research has found that at the micro level, the problems encountered in the practice of law-based governance of grassroots religious affairs vary from place to place, but at the macro level, they face many common problems, mainly manifested in aspects such as organizational leadership, the legal system, law enforcement effectiveness, judicial guarantees, and ideological awareness.
党的十八大以来,从中央到地方都围绕宗教事务治理法治化进行了诸多探索与尝试,取得了一些成效,积累了一些经验。调研发现,在微观层面上,各地在基层宗教事务治理法治化实践中遇到的问题不尽相同,但宏观层面却面临诸多共性问题,主要表现在组织领导、法律体系、执法效能、司法保障、思想意识等方面。
(A) Organizational Leadership Needs Strengthening
(一)组织领导有待加强
In recent years, the Party Central Committee has repeatedly stressed that the focus and difficulty of religious work lie at the grassroots level, requiring the full implementation of the three-tier network and two-level responsibility system for religious work, and the effective resolution of the "three no's" predicament in grassroots religious affairs governance—"unwilling to manage, unable to manage, and daring not to manage." However, surveys have found that in some areas, the two-level responsibility system for religious affairs governance at the township (subdistrict) and village (community) levels remains difficult to establish effectively and play its due role, and the organizational leadership and communication-coordination mechanisms for religious affairs governance still need improvement.
近年来,党中央反复强调宗教工作的重点及难点在基层,要求全面落实宗教工作三级网络和两级责任制,切实解决基层宗教事务治理“不愿管、不会管、不敢管”的“三不”困境。但调研发现,部分地区宗教事务治理乡(街道)、村(社区)两级工作责任制仍难以有效建立并发挥应有作用,宗教事务治理工作的组织领导与沟通协作机制仍有待完善。
At the township (subdistrict) level, after the institutional reform, religious work is managed by the Party committee's united front work department, while at the township level, it is often concurrently handled by the deputy Party secretary or the organization committee member who also serves as the united front work committee member. This has, to a certain extent, strengthened the Party's direct leadership over religious work. However, because the township deputy Party secretary or organization committee member concurrently serving as the united front work committee member is responsible for numerous line tasks across various sectors, coupled with the inertial thinking of prioritizing economic construction for many years, grassroots religious work finds it difficult to receive the attention it deserves. For example, surveys have found that townships generally lack full-time personnel for religious work, and religious affairs are mostly handled part-time by staff from the organization department. Moreover, due to limitations in grassroots staffing and funding, grassroots religious work personnel, whether full-time or part-time, also bear a heavy load of routine administrative tasks, leaving them little time or energy to study and learn about laws, regulations, and systems related to religion. At the village level, the "three no's" predicament in religious affairs governance is even more pronounced. Surveys have found that the level of grassroots Party organization building is uneven across different regions. In some areas, village Party branches face prominent issues such as blurred definitions of responsibilities, poor transmission of accountability, and insufficient grasp of basic information on local religions in their governance of religious affairs. For instance, some townships have not made specific provisions regarding the responsibilities of village Party branches in religious management and rarely provide training or guidance to village cadres on laws, regulations, and policies related to religion. This results in village Party branches having responsibilities but no authority in religious affairs governance, and village cadres daring not to manage and being unable to manage religious affairs. This situation of "hot at the top, cold at the bottom" in the transmission of the religious work responsibility system at the village-level terminal severely weakens the Party organization's leadership over the law-based governance of grassroots religious affairs.
在乡镇(街道)层面,机构改革之后,宗教工作由党委统战部统管,而在乡镇一级多由党委副书记或组织委员兼任统战委员。这在一定程度上加强了党对宗教工作的直接领导,但由于兼任统战委员的乡镇党委副书记或组织委员分管、负责的条线工作繁多,加上多年来以经济建设为中心的惯性思维,基层宗教工作难以获得应有的重视。例如,调研发现,乡镇一般没有宗教工作专职人员,宗教事务多由组织部门工作人员兼职处理。而且由于基层编制、经费等限制,基层宗教专兼职工作人员还承担着大量事务性工作,很少有时间精力学习研究涉宗教相关法律法规制度等内容。到村一级,宗教事务治理“三不”困境更为突出。调研发现,不同地区基层党组织建设水平并不均衡,部分地区的村党支部在宗教事务治理中存在职责界定模糊、责任传导不畅、本村宗教基本信息掌握不足等突出问题。例如,某些乡镇对村党支部在宗教管理上的职责没有作具体规定,也很少对村干部开展涉宗教法律法规政策方面的培训指导,导致村党支部在宗教事务治理上有责无权,村干部对涉宗教事务不敢管也不会管。这种宗教工作责任制在村级末端传导“上热下冷”的状况严重削弱了党组织对基层宗教事务治理法治化工作的领导力。
Furthermore, effective grassroots religious affairs governance requires strengthening multi-actor cooperation, forming an ideal governance form of "Party committee leadership—government leadership—religious organizations as the main force—society and citizens as assistance." In grassroots practice, religious issues often involve the jurisdictional domains of multiple functional departments such as public security, civil affairs, construction, health and medical care, and press and publication. However, Article 6 of the Regulations on Religious Affairs and related laws and regulations do not specify the specific powers and responsibilities of the relevant departments in religious affairs governance. This can easily lead to problems in handling grassroots religious affairs, such as unclear departmental responsibilities, difficulty in centralized management, poor communication and coordination between departments, and insufficient cooperation and linkage. There is an urgent need for the Party committee and government to strengthen organizational leadership and overall coordination, improve the work system, enhance resource integration, and form a joint working force.
另外,有效的基层宗教事务治理需要加强多主体合作,形成“党委领导—政府主导—宗教组织主力—社会与公民协助”的理想治理形态。在基层实践中,宗教问题往往牵涉公安、民政、建设、卫生医疗、新闻出版等多个职能部门管辖领域,但《宗教事务条例》第六条及相关法律法规并没有明确相关部门在宗教事务治理中的具体权责。这极易导致在基层涉宗教事务的处理中出现部门责任不清、归口管理难度大、部门沟通协作不畅与配合联动不足等问题,亟需党委、政府加强组织领导与统筹协调,完善工作体系,强化资源整合,形成工作合力。
(II) The Legal and Regulatory System Concerning Religion Needs Improvement
(二)涉宗教法律法规体系有待完善
Since the 18th National Congress of the CPC, China has accelerated legislative work concerning religion, basically forming a legal and regulatory system for religious affairs governance centered on the Constitution, with the Regulations on Religious Affairs as the main body, encompassing multiple levels of legal norms including relevant intra-Party regulations, administrative regulations, departmental rules, local regulations, and local government rules. However, for grassroots religious affairs governance, there is still room for development in the legislative system and legislative quality.
党的十八大以来,我国加快推进涉宗教立法工作,基本形成了以宪法为核心,以《宗教事务条例》为主体,涵盖相关党内法规、行政法规、部门规章、地方性法规及地方政府规章等多个层次法律规范在内的宗教事务治理法律法规体系。但对基层宗教事务治理而言,立法体系与立法质量仍有发展空间。
First, the degree of systematization of laws, regulations, and policies concerning religion needs to be strengthened. Overall, the current governance of religious affairs mainly relies on the "2+13" regulatory system concerning religion centered on the Constitution, [1]1 “Whoever enforces the law popularizes the law” (谁执法谁普法): A principle in China’s legal system requiring the government department responsible for enforcing a specific law to also be responsible for publicizing and educating the public about that law. with the remaining part of legal norms scattered within intra-Party regulations and laws such as the National Security Law, the Counter-Terrorism Law, the Civil Code, the Law on Regional Ethnic Autonomy, and the Law on the Administration of Activities of Overseas Non-Governmental Organizations within the Territory of China. This has, to a certain extent, caused insufficient cohesion in the laws and regulations on religious affairs governance and a low degree of systematization. For example, regarding the definition of ownership of religious property, Article 18 of the Measures for the Administration of Religious Activity Venues clarifies that the subject for registering religious property is the religious activity venue. However, in other religious-related regulations, rules, and policy documents, various expressions such as "'temple ownership,' 'social public ownership,' 'state ownership,' 'Chinese church ownership,' 'collective ownership by religious believers,' and 'religious group ownership'" have appeared, [2]2 “Whoever governs popularizes the law” (谁治理谁普法): An extension of the principle in note [1], proposed here by the authors, suggesting that entities involved in governance should also be responsible for law popularization. which can easily cause difficulties in the confirmation and management of religious property rights.
首先,涉宗教法律法规政策的体系化程度有待加强。整体来看,现行宗教事务治理主要依靠以宪法为核心的“2+13”涉宗教法规体系,其余一部分法律规范散见于党内法规以及《国家安全法》《反恐怖主义法》《民法典》《民族区域自治法》《境外非政府组织境内活动管理法》等法律法规中,这在一定程度上造成宗教事务治理法律法规衔接不足,体系化程度较低。例如,在宗教财产所有权归属的界定上,《宗教活动场所管理办法》第十八条明确宗教财产登记主体为宗教活动场所,但在其他宗教相关的法规规章、政策性文件中却出现了“‘寺庙所有’‘社会公有’‘国家所有’‘中国教会所有’‘信教群众集体所有’‘宗教团体所有’等各种表述”,容易造成宗教财产确权及管理工作的困难。
Additionally, the degree of cohesion between the increasing number of local regulations and supporting systems and the regulatory system concerning religion centered on the Constitution, as well as the policies and regulations of higher-level governments, also needs improvement. For example, the newly revised Sichuan Province Regulations on Religious Affairs, Article 50, has certain differences from the Administrative Measures for Internet Religious Information Services regarding the provisions on prohibited content of internet religious information services. The former is a local regulation, while the latter is a departmental rule. However, the Legislation Law does not clearly stipulate the legal effect hierarchy between local regulations and departmental rules. This leads to issues of legal application for Sichuan Province in the process of enforcing laws on grassroots religious affairs.
另外,不断增多的地方性法律法规及配套制度与以宪法为核心的涉宗教法规体系、上级政府政策法规之间的衔接度也有待提升。例如,四川省新修订的《四川省宗教事务条例》第五十条对互联网宗教信息服务禁止性内容的规定与《互联网宗教信息服务管理办法》存在一定差异。前者属于地方性法规,后者属于部门规章。而《立法法》对地方性法规与部门规章的法律效力高低并没有明确规定。这就导致四川省在基层宗教事务执法过程中面临法律适用问题。
Second, the operability and standardization of policies and regulations concerning grassroots religious affairs governance need to be strengthened. For example, the newly revised Regulations on Religious Affairs, Article 6, added the religious affairs management functions of township and village-level organizations, and Article 35, Paragraph 2, clarified the supervisory responsibility of township-level people's governments over religious activities at temporary activity sites. However, specifically, these provisions remain principled and declaratory clauses, lacking detailed provisions on issues such as the boundaries of powers and responsibilities and rights relief for township and village-level organizations in religious affairs management, affecting the actual implementation effect.
其次,涉基层宗教事务治理的政策法规的操作性和规范性有待加强。例如,新修订的《宗教事务条例》第六条增加了乡、村两级组织宗教事务管理职能,第三十五条第二款明确了乡级人民政府对临时活动地点的宗教活动负有监管责任。但具体来看,这些规定仍是原则性、宣示性条款,对乡、村两级组织在宗教事务管理上的权责边界、权利救济等问题缺乏细化规定,影响实际执行效果。
Third, there are still legislative "gaps" in grassroots religious affairs governance. With the continuous emergence of new things and new technologies, many new problems and phenomena have appeared in the grassroots religious field. However, the relative lag in legislation means that existing legal norms concerning religion cannot fully cover these emerging fields and new problems, making grassroots religious law enforcement full of unpredictability. For example, China's existing laws do not have a clear definition or judgment standard for "illegal religious activities," only publishing 26 forms of manifestation. [3]3 A Hui ethnic聚居区 refers to a residential area predominantly inhabited by the Hui people, one of China's officially recognized ethnic minorities, many of whom are Muslim. However, in recent years, the forms of illegal religious activities occurring at the grassroots level have become more complex and diverse, and the methods of activities have become more covert with the support of technology. According to existing legal provisions, it is difficult to clearly define and legally handle them. Additionally, with the support of the internet and modern communication tools, the influence of foreign emerging religions such as Mormonism and the Baháʼí Faith, as well as cults and quasi-cults, has increased at the grassroots level, and there is also a lack of corresponding laws, regulations, and policies to regulate and manage them.
再次,基层宗教事务治理还存在立法“空白”问题。随着新事物新技术的不断涌现,基层宗教领域出现许多新问题新现象。但立法的相对滞后性使现有的涉宗教法律规范无法全面覆盖这些新兴领域、新生问题,这使基层宗教执法充满了不可预知性。例如,我国现有法律对“非法宗教活动”并没有明确定义及判定标准,仅公布了26种表现形式。但近年来发生在基层的非法宗教活动形式更加复杂多样、技术加持下活动方式更加隐蔽,根据现有法律规定,很难被明确界定并依法处置。另外,在互联网和现代通信工具的加持下,摩门教、巴哈伊教等外来新兴宗教以及邪教和类邪教在基层的影响力有所增加,对此也缺乏相应的法律法规政策予以规范管理。
(III) The Effectiveness of Grassroots Religious Law Enforcement Needs Improvement
(三)基层宗教执法效能有待提升
Good laws are the foundation of good governance, but to truly realize the value of law and the intent of legislators, the more critical aspect is the effective implementation of the law. At the current stage, the law-based governance of grassroots religious affairs mainly faces two issues at the level of legal enforcement: "people" and "mechanisms."
良法是善治的基础,但要真正实现法律的价值与立法者的意图,更关键的是法律的有效施行。现阶段基层宗教事务治理法治化在法律执行层面主要存在“人”和“机制”两个方面问题。
First, the capacity for grassroots religious law enforcement is insufficient. Religious law enforcement work is highly political, policy-oriented, and professional, requiring a professional enforcement team equipped with rule-of-law thinking, a proficient grasp of the Marxist view on religion, familiarity with laws, regulations, and policies concerning religion, and skill in mass work. However, after the institutional reform, ethnic and religious affairs departments at various levels were merged into united front work departments, and their original functions such as administrative punishment power and administrative inspection power were transferred to other functional departments such as market supervision, public security, and culture and tourism. Surveys have found that law enforcement in the religious field constitutes only a very small part of the enforcement tasks of grassroots law enforcement personnel. Faced with heavy grassroots work tasks, a large proportion of grassroots religious law enforcement personnel have not received systematic training in religious work theory, religious policy, or the psychology of believers. This further leads to problems of non-standard, non-rigorous, and non-transparent law enforcement in grassroots cases involving religious violations, as well as the simultaneous existence of the "three no's" phenomenon among law enforcement personnel—"daring not to manage, unwilling to manage, and unable to manage" cases involving religion. Furthermore, grassroots religious work departments have low levels, few staffing quotas, relatively poor salary and welfare benefits, and promotion channels, leading to grassroots religious law enforcement teams often having few full-time staff and many part-time staff, high job mobility, and even "positions without personnel" in some posts, seriously affecting the effectiveness of grassroots religious law enforcement.
首先,基层宗教执法力量不足。宗教执法工作具有很强的政治性、政策性和专业性,需要一支具备法治思维、精通马克思主义宗教观、熟悉涉宗教法律法规政策、善做群众工作的专业执法队伍。但机构改革之后,各级民宗部门并入统战部门,原有的行政处罚权、行政检查权等执法职能划归市场监管、公安、文旅等其他职能部门。而调研发现,宗教领域执法只是基层执法人员执法工作任务的很小一部分。面对繁重的基层工作任务,很大一部分基层宗教执法人员没有接受过宗教工作理论、宗教政策、信众心理等方面的系统培训。这进一步导致了基层涉宗教违法案件执法不规范、不严格、不透明问题,以及执法人员对涉宗教案件“不敢管、不愿管、不会管”的“三不”现象同时存在。另外,基层宗教工作部门层级低、编制少、薪资福利和晋升通道相对较差,导致基层宗教执法队伍往往专职少兼职多,岗位流动性大,部分岗位甚至出现“有岗无人”,严重影响基层宗教执法效能。
Secondly, grassroots religious law enforcement lacks an effective collaborative enforcement mechanism. On the one hand, the comprehensive, complex, and sensitive nature of religious work determines that religious law enforcement cannot rely solely on a single department such as the United Front Work Department or the Ethnic and Religious Affairs Commission; it requires strengthening horizontal inter-departmental coordination to form a combined enforcement force. The joint enforcement mechanism for religious work has played a positive role in grassroots joint religious law enforcement. However, as grassroots religious affairs governance becomes increasingly complex, the cross-departmental joint enforcement mechanism for religious work has also encountered problems such as unclear division of powers and responsibilities, difficulties in departmental coordination, and low enforcement efficiency. Moreover, current grassroots joint religious law enforcement is often a form of "campaign-style enforcement" [1]1 “Whoever enforces the law popularizes the law” (谁执法谁普法): A principle in China’s legal system requiring the government department responsible for enforcing a specific law to also be responsible for publicizing and educating the public about that law., that is, it is only carried out at key junctures such as religious festivals, important activities, or higher-level inspections, and has not yet formed a normalized comprehensive enforcement mechanism. Once the pattern of this campaign-style enforcement is discerned, organizers of illegal religious activities at the grassroots level can easily evade inspection. On the other hand, illegal religious activities occurring at the grassroots level in recent years have exhibited obvious characteristics of cross-regional mobility, placing higher demands on cross-administrative-division joint enforcement. However, in practice, the principle of "hierarchical responsibility, territorial management" [2]2 “Whoever governs popularizes the law” (谁治理谁普法): An extension of the principle in note [1], proposed here by the authors, suggesting that entities involved in governance should also be responsible for law popularization. for religious affairs management, coupled with the absence of a cross-administrative-division joint enforcement mechanism, has led to a situation of "expelling rather than managing" in grassroots religious law enforcement, affecting overall enforcement effectiveness.
其次,基层宗教执法缺乏有效的协同执法机制。一方面,宗教工作的全局性、复杂性、敏感性等特性决定了宗教执法不能单靠统战民宗单一部门,需要加强横向部门间协作,形成执法合力。宗教工作联合执法机制在基层宗教联合执法方面发挥了积极作用,但随着基层宗教事务治理工作日益繁杂,跨部门的宗教工作联合执法机制也出现了权责划分不清、部门协调困难、执法效率低下等问题。而且,当前基层宗教联合执法更多时候是一种“运动式执法”,即只有在宗教节日、重要活动或者上级检查等重要节点开展,尚未形成常态化综合执法机制。这种运动式执法规律一旦被摸清,基层非法宗教活动组织者可以轻松逃避检查。另一方面,近年来发生在基层的非法宗教活动具有明显的跨地域流窜特点,对跨行政区划联合执法提出了更高要求。但在实践中,宗教事务管理“分级负责、属地管理”原则以及跨行政区划联合执法机制的缺位,导致基层宗教执法出现“以赶代管”的情况,影响了整体执法效能。
(4) The role of judicial safeguards needs to be strengthened
(四)司法保障作用有待加强
Impartial justice is the last line of defense for maintaining social fairness and justice and is an important guarantee for law-based governance in all respects. The law-based governance of grassroots religious affairs cannot be separated from the judicial safeguard of fairness and justice; the legitimate rights and interests of both religious believers and non-believers equally require protection and remedy through standardized judicial procedures. However, in the adjudication of grassroots religious-related judicial cases, the credibility and barrier function of the judiciary urgently need improvement.
公正司法是维护社会公平正义的最后一道防线,是全面依法治国的重要保障。基层宗教事务治理法治化离不开公平正义的司法保障,信教群众与不信教群众的合法权益同样需要规范的司法程序予以保护与救济。但在基层涉宗教司法案件审理中,司法的公信力与屏障作用亟待提升。
Firstly, the channels for judicial relief in religious-related cases are singular, and the overall judicial capacity needs improvement. Compared with the increasing number of religious-related disputes, the number of cases that can be resolved at the judicial level is not high. The judicial process is time-consuming and costly, coupled with common problems in religious-related litigation such as difficulty in filing cases, difficulty in providing evidence, and difficulty in winning lawsuits. This makes grassroots religious believers more inclined to resort to private relief methods such as self-negotiation, village committee mediation, or inviting religious figures to mediate when resolving religious-related disputes. For example, research in a Hui ethnic聚居区 [3]3 A Hui ethnic聚居区 refers to a residential area predominantly inhabited by the Hui people, one of China's officially recognized ethnic minorities, many of whom are Muslim. found that over the past decade, more than 80% of religious-related disputes in the area were mediated by inviting imams, with litigation rarely used. Imams, starting from Islamic teachings and local customs, use their religious influence to settle disputes, producing a certain governance effect. However, this long-standing practice has also fostered erroneous concepts among local believers, such as "religious precepts are superior to law" and "imam mediation is superior to judicial relief."
首先,涉宗教案件的司法救济渠道单一,整体司法能力有待提升。相较于日益增多的涉宗教纠纷,能够在司法层面予以解决的案件却并不多。司法途径耗时长、成本高,加上涉宗教诉讼维权过程中普遍存在的立案难、举证难、胜诉难等问题,使基层信教群众在解决与宗教相关的纠纷中更倾向于自行协商、村委会介入调解、请宗教界人士调解等私力救济方式。例如,在某回族聚居区的调研发现,十年来该地区八成以上涉宗教纠纷都是邀请阿訇进行调解,鲜少借助诉讼手段。阿訇从伊斯兰教教义及当地风俗实际出发,运用自身的宗教影响力定争止纷,产生一定的治理效果。但这种长期以来的惯习也使当地信众产生了“宗教戒律优于法律”“阿訇调解优于司法救济”的错误观念。
Secondly, supervision over relevant judicial conduct in religious-related cases is insufficient. Grassroots religious-related cases often involve many people, have significant social impact, and a wide reach. Coupled with the limited educational level and legal knowledge of grassroots believers, improper handling can easily trigger mass incidents. Therefore, establishing a transparent judicial mechanism for grassroots religious-related cases is extremely important. However, in practice, the openness of trials in cases involving grassroots religion falls short of expected goals. Specific manifestations include inconsistency and lack of standardization in the content and form of information disclosure, arbitrariness, selective online publication of judgment documents, limited disclosure channels and narrow audience coverage, poor communication of public opinion, and difficulty in promptly and effectively responding to concerns.
其次,对涉宗教案件中相关司法行为的监督力度不足。基层宗教相关案件往往涉案人员多、社会影响大、辐射范围广,加上基层信众文化水平、法律知识有限,处理不当极易引发群体性事件。因此,构建基层宗教相关案件的阳光司法机制极为重要。但实践中涉及基层宗教的案件审判公开与预期目标存在差距,具体表现为信息公开内容和形式上存在不统一、不规范、随意性大的问题,裁判文书选择性上网,公开渠道局限、受众覆盖狭小,民意沟通不畅、难以及时有效回应关切等。
Finally, problems such as illegal religion interfering with the judiciary still exist. Some illegal religious groups exploit the characteristics of grassroots believers, such as low educational levels, susceptibility to temptation due to lack of stable employment, and poor judgment ability, to incite believers to destroy original evidence, resist judicial authorities through silence, sit-ins, hunger strikes, self-harm, and even gather at courthouses to obstruct trials, severely disrupting and undermining normal judicial activities.
最后,非法宗教干预司法等问题依然存在。一些非法宗教会利用基层信徒文化程度较低、无正当职业容易受引诱、是非判断能力较差等特点,教唆信徒破坏原始证据,通过沉默、静坐、绝食、自残等方式对抗司法机关办案,甚至聚集法庭妨碍庭审,严重干扰破坏正常的司法活动。
(5) The rule-of-law awareness of subjects involved in grassroots religious affairs governance needs to be strengthened
(五)基层宗教事务治理相关主体的法治意识有待加强
General Secretary Xi Jinping emphasized at the Central Conference on Work Related to Law-Based Governance: "We must strengthen law-based governance and cultivate a rule-of-law environment where the whole society acts according to law, seeks the law when encountering problems, uses the law to solve problems, and resolves conflicts by relying on the law." [4]4 This quote is from Xi Jinping's speech at the Central Conference on Work Related to Law-Based Governance, held in November 2020. Promoting the law-based governance of grassroots religious affairs also requires actively guiding relevant subjects to firmly establish rule-of-law awareness, uphold the spirit of the rule of law, and foster a positive atmosphere of respecting, abiding by, and using the law. However, research has found that different subjects involved in the law-based governance of grassroots religious affairs all have certain problems at the level of rule-of-law awareness.
习近平总书记在中央全面依法治国工作会议上强调:“要强化依法治理,培育全社会办事依法、遇事找法、解决问题用法、化解矛盾靠法的法治环境。”推进基层宗教事务治理法治化同样需要积极引导相关主体牢固树立法治意识,推崇法治精神,形成遵法守法用法的良好氛围。但调研发现,基层宗教事务治理法治化的不同主体在法治意识层面均存在一定问题。
First, religious figures and believers generally have weak rule-of-law awareness. In grassroots practice, it is common for leaders of religious groups, clergy, and believers to have low educational levels, weak legal concepts and rule-of-law awareness, and limited understanding of laws, regulations, and policies on religious work. This lack of rule-of-law awareness further leads to a series of derivative problems, such as arbitrary management of personnel, finances, materials, and religious activities within religious groups lacking effective supervision, excessive commercialization of religious sites, and complex and chaotic management of clergy identities. For example, in the Shi Yongxin incident [5]5 The Shi Yongxin incident refers to a series of controversies and allegations surrounding Shi Yongxin, the abbot of the Shaolin Temple, a famous Buddhist monastery, including accusations of financial impropriety and moral misconduct that became public around 2015., Shi Yongxin, as the abbot of the Shaolin Temple, had a weak rule-of-law awareness, placing his personal authority above the legal system, rendering internal supervision ineffective, which was one of the important reasons for the systemic失控 [6]6 "失控" (shīkòng) means "loss of control" or "out of control." that triggered this incident. Another example: research interviews found that a considerable number of grassroots religious believers have a biased understanding of the Party's policy on freedom of religious belief, believing that holding religious gatherings under the pretext of family meetings, or forwarding preaching content on online platforms such as Weibo and WeChat, are purely personal acts and not illegal or against regulations.
一是宗教界人士与信教群众法治意识普遍不强。在基层实践中,普遍存在宗教团体负责人、教职人员、信教群众文化水平不高、法治观念与法治意识不强、对宗教工作法律法规政策了解较少等问题。其法治意识的缺失进一步导致宗教团体人财物及宗教活动的管理随意性大且缺乏有效监督,宗教场所过度商业化,教职人员身份复杂、管理混乱等一系列衍生问题。例如,释永信事件中,身为少林寺方丈的释永信法治意识淡薄,将个人权威凌驾于法律制度之上,致使内部监督形同虚设,成为引发本次事件系统性失控的重要原因之一。再比如,调研访谈发现,相当一部分基层信教群众对党的宗教信仰自由政策的认识是有所偏差的,认为借家庭聚会之机搞宗教聚会,或者在微博微信等线上平台转发讲经布道的一些内容纯属个人行为,并不违法违规。
Second, the rule-of-law awareness of some grassroots religious cadres also needs improvement. Due to the complexity, sensitivity, and mass nature of grassroots religious issues, some grassroots religious cadres are prone to two erroneous behavioral tendencies when handling them: one is high tension, adopting a "one-size-fits-all" approach, excessively interfering in the internal affairs of religious groups, thereby harming the legitimate rights and interests of religious figures and believers; the other is, driven by a "capability panic" [7]7 "Capability panic" (本领恐慌) is a term used in Chinese political discourse to describe a feeling of anxiety or inadequacy among cadres when facing new tasks or challenges that require skills or knowledge they lack., "daring not to manage and taking a detour." Fundamentally, these are related to the weak rule-of-law awareness of grassroots religious cadres and their biased understanding and comprehension of the law-based governance of religious affairs.
二是一些基层宗教干部的法治意识也有待提升。因基层宗教问题的复杂性、敏感性、群体性,部分基层宗教干部在处理基层宗教问题时容易出现两种错误的行为倾向:一种是高度紧张,搞“一刀切”,过度干涉宗教团体内部事务,损害了宗教界人士与信教群众的合法权益;另一种是在“本领恐慌”的驱使下“不敢管、绕道走”。究其根本,这些都和基层宗教干部法治意识淡薄、对宗教事务治理法治化的认识理解出现偏差有关。
Furthermore, although our Party has always attached importance to conducting propaganda and education on religious policies, regulations, and Marxist atheism among ordinary grassroots people, problems persist in grassroots practice, such as unclear legal popularization responsibilities, inadequate interpretation of laws, regulations, and policies related to religion, monotonous forms of legal popularization, and weak targeting of Marxist atheism propaganda. This leads to misunderstandings of laws and regulations related to religion among some grassroots people, making it even more difficult for Marxist atheism to be widely internalized as the world outlook, outlook on life, and value system of the grassroots masses.
再者,尽管我们党历来重视在基层普通群众中开展宗教政策法规及马克思主义无神论的宣传教育,但基层实践仍存在普法责任模糊、涉宗教法律法规政策阐释不到位、普法形式单一、马克思主义无神论宣传针对性不强等问题,导致部分基层群众对涉宗教法律法规理解出现错位,马克思主义无神论更难以广泛内化为基层群众的世界观、人生观、价值观。
III. Practical Paths for Promoting the Law-Based Governance of Grassroots Religious Affairs in the New Era
三、新时代推进基层宗教事务治理法治化的实践路径
Against the backdrop of the modernization of national governance and law-based governance in all respects, improving the level of law-based governance of grassroots religious affairs requires adhering to a systematic approach and problem orientation. It is necessary to actively construct a "Five-Sphere Integrated Plan" [8]8 "Five-Sphere Integrated Plan" (五位一体) is a strategic concept of the CPC that refers to the coordinated progress of economic, political, cultural, social, and ecological civilization construction. Here it is used analogously to describe a comprehensive approach. path for enhancing the law-based governance of grassroots religious affairs, comprising "organizational leadership, the system of laws and regulations, law enforcement effectiveness, the judicial safeguard system and mechanisms, and propaganda and education on religious policies, regulations, and Marxist atheism," thereby forming a legalized, standardized, systematic, and modernized governance ecosystem for grassroots religious affairs.
在国家治理现代化和全面依法治国的时代大背景下,提升基层宗教事务治理法治化水平需要坚持系统观念与问题导向,积极构建“组织领导、法律法规体系、执法效能、司法保障体制机制、宗教政策法规和马克思主义无神论宣传教育”“五位一体”的基层宗教事务治理法治化提升路径,形成法治化、规范化、体系化、现代化的基层宗教事务治理生态。
(1) Optimize top-level design and consolidate the organizational foundation for the law-based governance of grassroots religious affairs
(一)优化顶层设计,夯实基层宗教事务治理法治化的组织基础
The law-based governance of grassroots religious affairs must adhere to the leadership of the Party and establish a strong, systematic organizational leadership and communication-coordination mechanism. This is determined not only by the reality that religion will exist for a long time in socialist China but is also closely related to the current complex and intricate situation of grassroots religious affairs governance.
基层宗教事务治理法治化必须坚持党的领导,建立强有力、体系化的组织领导与沟通协作机制。这不仅是宗教将长期存在于社会主义中国的现实决定的,也与当前基层宗教事务治理错综复杂的局面密切相关。
First, strengthen and improve the Party’s leadership. General Secretary Xi Jinping has pointed out that the Party’s leadership must be implemented in all aspects and links of the Party’s and the state’s undertakings, and that “if it is missing or weakened in any field, aspect, or link, it will weaken the Party’s strength and harm the Party’s and the state’s undertakings.” To advance the level of law-based governance of grassroots religious affairs, it is necessary to uphold the Party’s leadership and give full play to the Party’s political leadership advantages. In this regard, on the one hand, it is necessary to improve the Party’s leadership system and mechanism for religious work, incorporating the work of law-based governance of grassroots religious affairs into the important agendas of grassroots Party committees and governments, the key matters of inspection and巡察 [1]1 “Whoever enforces the law popularizes the law” (谁执法谁普法): A principle in China’s legal system requiring the government department responsible for enforcing a specific law to also be responsible for publicizing and educating the public about that law., the responsibility system for ideological work, the evaluation and assessment system for Party and government cadres, and the content of grassroots Party building work reports and evaluations. It is also necessary to formulate and implement responsibility lists for the united front work of secretaries of city, county, and township Party committees, and lists of major tasks for member units of the leading group, with the work of law-based governance of grassroots religious affairs as an important component. It is also necessary to explore the establishment of an indicator system for the work of law-based governance of grassroots religious affairs that conforms to local realities and includes specific content such as law enforcement effectiveness, legal publicity, and the construction of local laws, regulations, and policy systems. Through the design of institutional mechanisms such as goal-setting that drives work backwards, refinement of task indicators, and inspection, patrol, and assessment, the importance attached by Party organizations at all levels, especially grassroots Party organizations, to the work of law-based governance of grassroots religious affairs, and their ability to coordinate and advance it, can be enhanced. On the other hand, the organizational departments of Party committees and the united front work departments should jointly take the lead in conducting a series of training sessions for grassroots Party members and cadres, with the Marxist view on religion, Marxist atheism, the Party’s theories and policies on religious work in the New Era, and laws and regulations related to religion as the main content. This will deepen grassroots Party members’ and cadres’ understanding of the law-based governance of religious affairs, effectively implement the concept of law-based governance of grassroots religious affairs in the daily work of grassroots Party organizations, and strengthen the Party’s leadership over the grassroots practice of law-based governance of religious affairs.
一是加强并完善党的领导。习近平总书记指出,党的领导要落实在党和国家事业的各方面各环节,“哪个领域、哪个方面、哪个环节缺失了弱化了,都会削弱党的力量,损害党和国家事业”。推进基层宗教事务治理法治化水平,必须坚持党的领导,发挥党的政治领导优势。对此,一方面,要完善党领导宗教工作体制机制,将基层宗教事务治理法治化工作纳入基层党委、政府重要议事日程、巡视巡察重点事项、意识形态工作责任制、党政干部评价考核体系、基层党建述职评议内容等;制定实施以基层宗教事务治理法治化工作为重要内容的市县乡书记统战工作责任清单、领导小组成员单位重大任务清单;探索建立符合地方实际且涵盖执法效能、法治宣传、地方性法规政策体系建设等具体内容的基层宗教事务治理法治化工作指标体系等。通过以上工作目标倒逼、任务指标细化、巡查督察考核等体制机制设计提升各级党组织尤其是基层党组织对基层宗教事务治理法治化工作的重视程度与统筹推进力度。另一方面,党委组织部门与统战部门联合牵头,对基层党员干部开展以马克思主义宗教观、马克思主义无神论、新时代党的宗教工作理论和方针政策、涉宗教法律法规等为主要内容的系列培训,深化基层党员干部对宗教事务治理法治化的认识,切实将基层宗教事务治理法治化理念落实到基层党组织的日常工作中,加强党对宗教事务治理法治化基层实践的领导。
Second, improve the grid management mechanism. The united front work department of the Party committee, in conjunction with the social work department, should, on the basis of the three-level work network at the county, township, and village levels and the two-level work responsibility system at the township and village levels, and with the aid of an integrated command platform that connects the county, township, and village levels, incorporate matters such as the publicity of policies and regulations in the grassroots religious field, the investigation of risks and hidden dangers, and the resolution of conflicts and disputes into the co-built and co-governed grassroots social governance system and the grid-based service management scope of grassroots communities. This will form a closed loop of work based on the grid chief responsibility system: “superior deployment – information collection – problem list – implementation and advancement – rectification and supervision.” For example, Yulin City in Shaanxi Province, by constructing a three-level grid for religious affairs service management and a “five-level chief” responsibility system, has formed a grassroots religious affairs governance work network that is “vertical to the end, horizontal to the edge, and fully covered.”
二是完善网格化管理机制。由党委统战部联合社会工作部,在县乡村三级工作网络和乡村两级工作责任制的基础上,借助县乡村三级互联互通的一体化综合指挥平台,将基层宗教领域政策法规宣传、风险隐患排查、矛盾纠纷化解等事项纳入共建共治的基层社会治理体系和基层社区网格化服务管理范畴,形成以网格长负责制为基础的“上级部署—信息采集—问题清单—推进落实—整改督查”工作闭环。例如陕西榆林就是通过构建三级宗教事务服务管理网格和“五级长”负责制,形成了一个“纵向到底、横向到边、全面覆盖”的基层宗教事务治理工作网络。
Third, supplement the work force for law-based governance of grassroots religious affairs. In response to the shortage of personnel for law-based governance of grassroots religious affairs, existing experiences can be drawn upon and promoted in light of local realities. For example, the practice of Zhejiang Province, which has established grassroots ethnic and religious affairs offices in townships and subdistricts with frequent religious activities, can be adopted. In townships where the supply and demand for work forces in religious affairs governance are severely imbalanced, ethnic and religious affairs offices, guidance stations for law-based governance of religious affairs, etc., can be established, integrating the forces of multiple departments such as the township’s peace and rule-of-law office and the Party building and mass organizations office, to increase the supply of work forces for religious affairs work in townships. In townships (subdistricts) and villages (communities) where conditions permit, under the guidance of the superior Party committee’s united front work department and within the framework of laws and policies, the method of government procurement of services can be explored to strengthen the grassroots religious work force. In addition, it is necessary to make full use of the powerful “productive forces” of information technology and big data means, explore the establishment of a big data platform for law-based governance of grassroots religious affairs, and empower religious law enforcement, the supervision of religious activity venues, and the assessment of risks and hidden dangers in the religious field with digital technology, thereby making up for the shortcomings of insufficient human resources for law-based governance of grassroots religious affairs.
三是补充基层宗教事务治理法治化工作力量。针对基层宗教事务治理法治化人员力量的不足,可以结合各地实际借鉴推广已有经验。例如,可以借鉴浙江省在宗教活动频繁的乡镇街道挂牌设立基层民宗事务所的实践,在宗教事务治理工作力量供需严重失衡的乡镇设立民宗所、宗教事务治理法治化工作指导站等,整合乡镇平安法治办、党建群团办公室等多部门力量,提升乡镇宗教事务工作力量供给。在条件允许的乡镇(街道)、村(社区)也可以在上级党委统战部门的指导下,在法律政策的框架内,探索政府购买服务方式增强基层宗教工作力量。另外,要充分利用信息技术与大数据手段的强大“生产力”,探索建立基层宗教事务治理法治化大数据平台,以数字技术赋能宗教执法、宗教活动场所监管、宗教领域风险隐患研判等工作,补齐基层宗教事务治理法治化人力不足的短板。
(II) Improve the legal norm system, weaving a dense institutional network for law-based governance of grassroots religious affairs
(二)完善法律规范体系,织密基层宗教事务治理法治化的制度网络
Comprehensive law-based governance requires accelerating the construction of the socialist legal system with Chinese characteristics, “strengthening legislation in key areas, emerging areas, and areas involving foreign affairs,” and promoting the development of rule of law at all levels and in all fields. Therefore, the primary task of advancing the law-based governance of grassroots religious affairs is to legislate scientifically and accelerate the construction of a systematic and complete system of laws and regulations related to religion. In this regard, efforts can be made from three aspects: “integration,” “refinement,” and “filling gaps.”
全面依法治国要求加快推进中国特色社会主义法律体系的建设,“加强重点领域、新兴领域、涉外领域立法”,推进各个层次各个领域的法治化发展。因此,推进基层宗教事务治理法治化的首要任务就是要科学立法,加快推进系统完备的涉宗教法律法规体系建设。对此,可以从“集成”“细化”“补空”三个方面着手。
“Integration” mainly addresses the problem of insufficient systematization of grassroots laws, regulations, and policy systems related to religion. On the one hand, the People’s Congress and the united front work department can take the lead, in conjunction with the Political and Legal Affairs Commission, the Bureau of Justice, and other departments, to comprehensively review existing national laws, intra-Party regulations, administrative regulations, local regulations, departmental rules, policy documents, and internal rules and regulations of religious groups related to grassroots religious affairs governance. They should coordinate the work of “establishing, amending, abolishing, interpreting, and compiling” laws, regulations, and policies related to religion in an integrated manner, forming a compilation of grassroots legal norms and policies related to religion that meets practical needs. In this process, special attention should be paid to the review of local laws, regulations, and supporting systems to ensure that they not only conform to the special requirements of grassroots local religious affairs governance and solve practical problems but also remain consistent with superior laws and central-level policies and regulations, maintaining the unity of the rule of law. For example, in recent years, Zhejiang Province, in accordance with the central government’s laws, regulations, rules, and systems related to religion and in light of the actual situation of religious affairs governance in Zhejiang, has formulated and issued more than 20 local policies and regulations, gradually building the “four beams and eight pillars” [2]2 “Whoever governs popularizes the law” (谁治理谁普法): An extension of the principle in note [1], proposed here by the authors, suggesting that entities involved in governance should also be responsible for law popularization. of Zhejiang’s legal system related to religion. On the other hand, new technologies such as artificial intelligence, big data, and cloud computing can also be used to coordinate the construction of a systematic and complete database of grassroots laws, regulations, and policy documents related to religion, providing convenient and reliable legal support for grassroots religious law enforcement, legal publicity, and other work.
“集成”主要解决基层涉宗教法律法规政策体系化不足的问题。一方面可以由人大和统战部门牵头,联合政法委、司法局等部门对现有基层宗教事务治理相关的国家法律、党内法规、行政法规、地方性法规、部门规章、政策文件以及宗教团体的内部规章制度等进行全面梳理,统筹推进涉宗教法律法规政策一体化“立改废释纂”工作,形成符合现实需求的基层涉宗教法律规范政策汇编。在这一过程中,尤其要加强对地方性法律法规及配套制度的审查,确保其既能贴合基层地方宗教事务治理的特殊要求并解决实际问题,又能与上位法、中央层面的政策法规保持一致,维护法治的统一性。例如,近年来浙江对照中央制定的涉宗教法律法规、规章制度,结合浙江宗教事务治理实际,制定出台了20余项地方性政策法规,逐步建成了浙江涉宗教法规体系的“四梁八柱”。另一方面,还可以借助人工智能、大数据、云计算等新技术,统筹建设系统完备的基层涉宗教法律法规政策文件数据库,为基层宗教执法、普法宣传等工作提供便捷可靠的法律支持。
“Refinement” addresses the problem of weak operability of grassroots religious policies and regulations. In this regard, it is necessary to transform the central government’s decisions and deployments on religious work into specific operational norms in light of the actual situation of local religious affairs governance, clarifying the standards for policy implementation. For example, issues such as the standards for establishing religious activity venues can be clarified through the formulation of supporting systems such as “Implementation Rules.” At the same time, for parts of superior laws that are relatively vague, local regulations and supporting rules can be formulated and refined on the basis of full investigation and argumentation. For instance, Article 42 of the “Regulations on Religious Affairs” does not clearly quantify the classification standard for “large-scale religious activities.” Localities can formulate local regulations and policies to clarify this based on their own circumstances of conducting religious activities, avoiding the infringement of legitimate religious rights and interests caused by excessive discretionary power of local governments.
“细化”解决的是基层宗教政策法规操作性不强的问题。对此,需要结合地方宗教事务治理实际,将中央关于宗教工作的决策部署转化为具体操作规范,明确政策执行标准。例如对宗教活动场所的设立标准等问题,可以通过制定《实施细则》等配套制度予以明确。同时,对上位法规定比较含糊的部分,可以在充分调研论证的基础上,抓紧制定地方性法规和配套规章予以细化。例如《宗教事务条例》第四十二条并没有明确量化“大型宗教活动”的划分标准,各地可以结合自身情况开展宗教活动,制定地方性法规政策予以明确,避免地方政府自由裁量权过大引发对合法宗教权益的侵害。
“Filling gaps” addresses the problem of “vacuum” in grassroots legislation related to religion. On the one hand, legislative bodies should go deep into the grassroots frontline to conduct field research, extensively solicit opinions from religious figures, grassroots religious believers, grassroots religious work personnel, experts in the religious field, etc., understand the dynamics and legislative needs of grassroots religious affairs governance, and accelerate the formulation of religious policies and regulations with local pertinence and adaptability, weaving a dense legal network for grassroots religious affairs governance. For example, in 2016, the Shaanxi Provincial Bureau of Religious Affairs specifically conducted statistics and summaries of religious websites and online social platforms, using the data as a basis to demonstrate the feasibility of formulating policies related to the management of religious affairs on the Internet. On the other hand, in response to the “blank” in the legal system for emerging fields, key areas, and critical issues in grassroots religion, a research mechanism for grassroots religious affairs governance can be established, extensively mobilizing units such as universities, research institutions, and government departments, as well as groups such as representative figures from religious circles and experts and scholars in religious studies, to participate in relevant legislative research. In particular, it is necessary to strengthen long-term research and judgment on fundamental and major issues, promoting legislative work on grassroots religious affairs governance such as “Internet” religious affairs governance, prevention of illegal religious activities, protection of legitimate religious rights and interests, and effective management of religious property.
“补空”解决的是基层涉宗教立法“真空”问题。一方面,立法机关要深入基层一线开展实地调研,广泛征求宗教界人士、基层信教群众、基层宗教工作人员、宗教领域专家等的意见,了解基层宗教事务治理动态与立法需求,加快制定具有地方针对性及适应性的宗教政策法规,织密基层宗教事务治理法律网。例如,2016年陕西省宗教局就专门进行宗教网站、网络社交平台统计、汇总,以数据为依据论证制定互联网宗教事务管理相关政策的可行性。另一方面,针对基层宗教新兴领域、重点领域和关键问题的法规制度“空白”,可以建立基层宗教事务治理研究机制,广泛动员高校、科研机构、政府部门等单位,以及宗教界代表人士、宗教研究专家学者等群体参与相关立法课题研究,尤其要加强对根本性重大问题的长远性研判,推动诸如“互联网”宗教事务治理、非法宗教活动预防、合法宗教权益保护、宗教财产有效管理等基层涉宗教事务治理立法工作。
(III) Strengthen the construction of law enforcement teams, enhancing the law enforcement effectiveness of law-based governance of grassroots religious affairs
(三)加强执法队伍建设,提升基层宗教事务治理法治化的执法效能
The vitality of law lies in its implementation. The level of law-based governance of grassroots religious affairs depends to a large extent on whether religious laws and regulations are strictly enforced. To resolve the passive situation in grassroots religious affairs of “no one managing, unwillingness to manage, inability to manage, and fear of managing,” it is necessary to start with the administrative law enforcement team and the enforcement system and mechanism to enhance the implementation effectiveness of religious laws and regulations.
法律的生命力在于执行。基层宗教事务治理的法治化水平在很大程度上取决于涉宗教法律法规是否被严格执行。要解决基层宗教事务“无人管、不愿管、不会管、不敢管”的被动局面,必须从行政执法队伍、执法体制机制着手,提升涉宗教法律法规的实施效能。
On the one hand, the “people” problem is addressed by strengthening the grassroots religious law enforcement team. Relevant departments such as finance, human resources and social security, and organization should first collaborate to adequately staff grassroots religious law enforcement forces, and jointly resolve issues such as salary and benefits, personal development, and working environment for grassroots religious law enforcement personnel, thereby stabilizing the grassroots religious work team. For example, Zhejiang Province requires that in key religious work areas such as Wenzhou and Zhoushan, religious law enforcement personnel be allocated at least according to the numbers of 2 full-time or 4 full-time, with 2 part-time reserves, i.e., at least 2+2 or 4+2, who are specifically responsible for handling and reviewing cases related to grassroots religious affairs. Secondly, through various forms such as special training courses and policy briefing sessions, and various methods such as exchange and discussion, practical operation, and mentoring of new staff by experienced ones, theoretical education, professional practical training, and regular review and assessment of grassroots religious law enforcement personnel should be strengthened to improve their political stance, policy level, religious knowledge, legal literacy, and professional competence, cultivating a grassroots religious law enforcement team that understands law, understands religion, and understands mass work. Furthermore, to address problems such as illegal enforcement, multiple enforcement, and dereliction of duty in grassroots religious affairs, the organization department can collaborate with the united front department to establish a performance appraisal system and a accountability system, refine the powers and responsibilities of grassroots religious affairs management, explore the formulation of a “list-style” responsibility indicator, and strictly enforce law enforcement discipline; it is also possible to use reporting hotlines, internet platforms, and self-media channels to form strong media supervision and social supervision over grassroots religious law enforcement, thereby raising the level of standardization and law-based governance of grassroots religious law enforcement.
一方面,通过加强基层宗教执法队伍建设解决“人”的问题。财政、人社、组织等相关部门首先应协作配齐基层宗教执法工作力量,合力解决基层宗教执法人员薪资待遇、个人发展、工作环境等问题,稳定基层宗教工作队伍。例如,浙江省要求温州、舟山等宗教工作重点领域至少按照专职2人或4人,兼职备用2人,即至少2+2或4+2的数量配备宗教执法人员,专职负责基层宗教领域相关案件的办理和审核。其次,通过专题培训班、政策宣讲会等多种形式,交流探讨、实际操作、以老带新等多种方式,加强对基层宗教执法人员的理论教育、业务实操训练、定期审核考察等,提高执法人员的政治站位、政策水平、宗教学识、法治素养、业务能力,培养一支懂法懂宗教懂群众工作的基层宗教执法队伍。再者,为破解基层宗教领域违规执法、多重执法、失职渎职等问题,可由组织部门联合统战部门建立绩效考核制度与责任追究制度,细化基层宗教事务管理权责,探索制定“清单式”责任指标,严明执法纪律;也可以借助举报热线、互联网平台、自媒体渠道等形成对基层宗教执法强有力的媒体监督、社会监督,提升基层宗教执法的规范化、法治化水平。
On the other hand, the problem of insufficient law enforcement linkage is addressed by establishing a normalized joint law enforcement mechanism for grassroots religious affairs. In response to the increasingly prominent cross-boundary characteristics of grassroots religious activities (including cross-departmental, cross-regional, and crossing the boundary between virtual and real), a normalized joint law enforcement management mechanism with clear powers and responsibilities, coordinated upper and lower levels, and strong coordination can be established among relevant departments with law enforcement power over religious affairs, such as civil affairs, public security, industry and commerce, and urban construction. Institutional documents such as the “List of Powers and Responsibilities for Collaborative Governance of Grassroots Religious Affairs” and the “Work Plan for Joint Inspections of Grassroots Religious Affairs” should be formulated to carry out comprehensive, efficient, and normalized actions such as investigations of illegal religious activities, joint law enforcement inspections of religious sites, and joint inspection and supervision of key areas. For example, Zhejiang Province has deepened the “large comprehensive integration” administrative law enforcement reform of the province’s religious work system. In accordance with the “Regulations on Religious Affairs” and other provisions, it has refined and sorted out 26 administrative penalty items that frequently occur in the field of grassroots religious law enforcement and incorporated them into the province’s unified catalogue of comprehensive administrative enforcement matters, thereby improving the efficiency of comprehensive law enforcement. In addition, in response to the cross-regional mobility characteristics of illegal religious activities, cross-regional collaborative law enforcement mechanisms can be established between related provinces, cities, and urban and rural areas, clarifying the powers and responsibilities of each department in cross-regional joint law enforcement, strengthening information sharing and communication and coordination, and normalizing cross-regional joint law enforcement actions to enhance overall law enforcement effectiveness. For example, Jiangshan City in Quzhou City has innovatively established a cooperation mechanism for religious affairs governance among four counties across three provinces (Zhejiang, Fujian, and Jiangxi), jointly building an integrated work pattern for cross-regional religious affairs governance with neighboring Pucheng County in Fujian Province and Guangfeng District and Yushan County in Jiangxi Province.
另一方面,通过构建基层宗教常态化联合执法机制解决执法联动不足的问题。针对基层宗教活动日益突出的跨界性特点(包括跨部门、跨区域、跨越虚拟与现实界限),可以在民政、公安、工商、城建等具有涉宗教事务执法权的相关部门间建立权责明晰、上下联动、协调有力的联合执法常态管理机制,制定《基层宗教事务协同治理权责清单》《基层宗教事务联合巡查工作方案》等制度文件,全覆盖、高效率、常态化地开展非法宗教活动排查、宗教场所联合执法检查、重点领域联合巡查监管等行动。例如,浙江省深化全省宗教工作系统“大综合一体化”行政执法改革,按照《宗教事务条例》等规定,细化梳理基层宗教执法领域经常发生的26项行政处罚事项并将其纳入全省综合行政执法事项统一目录,提升综合执法的效率。另外,针对非法宗教活动跨地域流窜特点,可以在关联的省际、城际、城乡间建立跨区域协作执法机制,明确各部门在跨区域联合执法中的权责,加强信息共享与沟通协调,常态化开展跨域联合执法行动,提升整体执法效能。例如,衢州市江山市创新建立浙闽赣三省四县宗教事务治理合作机制,与毗邻的福建省浦城县,江西省广丰区、玉山县3个县(区)共同构建跨区域宗教事务治理一体化工作格局。
(4) Improving the Fair and Just Judicial System and Mechanism, Protecting the Legitimate Rights and Interests of the Masses from All Walks of Life
(四)健全公正司法体制机制,保护各界群众合法权益
Fair and just adjudication can effectively enhance the people’s sense of gain from the law-based governance of grassroots religious affairs. In this regard, in addition to ensuring that every case is filed and every complaint is handled, it is also necessary to establish a sound judicial protection mechanism and a transparent judicial openness mechanism, using standardized judicial procedures to protect the legitimate rights and interests of religious circles, religious believers, and non-believers.
公正司法可以有效提升人民群众对基层宗教事务治理法治化工作的获得感。对此,除了有案必立、有诉必理,还必须构建完善的司法保护机制和透明的司法公开机制,以规范的司法程序保障宗教界、信教群众与不信教群众的合法权益。
First, a diversified judicial relief pattern for cases involving grassroots religious affairs should be established to enhance overall judicial effectiveness. A sound dispute resolution mechanism for grassroots religious affairs should be established, and the mechanism for linking litigation with mediation should be improved, providing diversified judicial services for grassroots people through arbitration, mediation, litigation, and other channels. For cases that have caused significant damage and have entered the litigation process, mechanisms such as summary procedures and督促程序 [supervision procedures] can be used to reduce litigation steps, optimize litigation processes, speed up case trials, and lower litigation costs. In addition, departments such as the ethnic and religious affairs commission and the judiciary can take the lead, integrating resources from departments such as civil affairs, women’s federations, and the united front, as well as social organization resources such as law firms and charitable organizations, to form a new “judicial relief +” model, providing services such as policy publicity, legal consultation, and dispute mediation, and building diversified and efficient judicial assistance channels for victims of grassroots religious-related cases and people in need. For example, the Hangzhou Municipal Ethnic and Religious Affairs Commission and the Municipal Bureau of Justice jointly established the Hangzhou “Law Nourishes Ethnic and Religious Affairs” Lawyer Volunteer Service Group to optimize the supply of legal services for ethnic and religious cases facing the masses.
首先,要建立涉基层宗教案件多元化司法救助格局,提升整体司法效能。建立健全基层宗教纠纷解决机制,完善诉调对接机制,借助仲裁、调解、诉讼等途径为基层群众提供多元司法服务。对于破坏程度较大,已经进入诉讼程序的案件,可以借助简易程序、督促程序等机制减少诉讼环节,优化诉讼流程,加快案件审理,降低诉讼成本。另外,可由民宗、司法等部门牵头,整合民政、妇联、统战等部门资源及律师事务所、慈善组织等社会组织资源,形成“司法救助+”新模式,提供政策宣传、法律咨询、矛盾纠纷调解等服务,为基层涉宗教相关案件受害人、困难群众等构建起多元高效的司法帮扶渠道。例如,杭州市民宗局、市司法局联合成立杭州市“法润民宗”律师志愿服务团,优化面向群众的涉民族宗教案件法律服务供给。
Second, a sound sunshine judicial mechanism should be established and improved. For grassroots cases involving religious affairs, judicial organs should adhere to the principle of openness and transparency, disclose case trial information in accordance with regulations, clarify the basis for judgments, and accept social supervision. An effective judicial response system should be established and improved, and the work of explaining the law and reasoning should be strengthened. Work such as analysis of typical cases, post-judgment Q&A, and legal consultation should be integrated into all aspects of trial, judgment, and execution, actively and promptly responding to the grassroots masses’ attention and expectations regarding cases, making fair justice perceptible, knowable, and credible. Judicial participation should be promoted. Some people’s assessors can be selected from among religious figures, religious believers, and religious researchers to expand the scope of participation of people’s assessors, enabling them to better understand the handling process of cases involving religious affairs and relevant legal provisions.
其次,要建立健全阳光司法机制。对基层涉宗教案件,司法机关应秉持公开透明原则,按照规定公开案件审理信息,阐明裁判依据,接受社会监督。建立完善有效的司法回应制度,加强释法说理工作,将典型案例分析、判后答疑、法律咨询等工作融入庭审、判决、执行的各个环节,主动及时回应基层群众对案件的关注与期待,让公正司法可感、可知、可信。推进司法参与,可以在宗教界人士、信教群众、宗教研究人员中遴选部分人民陪审员,扩大人民陪审员的参审范围,使其更好地了解涉宗教案件办理过程及相关法律规定。
Third, the reform of the grassroots judicial system should be promoted. Implementing the requirements for “connecting administrative law enforcement with criminal justice,” judicial organs should further clarify the common crimes involved in illegal grassroots religious activities, classify and establish evidence collection standards, and solve the difficulties in collecting, reviewing, and identifying evidence in grassroots religious-related cases; standardize and improve judicial interpretations for grassroots religious-related cases, summarize the patterns of occurrence and case-handling experience of such cases, publish guiding cases, and provide reference and guidance for judicial practice; coordinate public security police, community cadres, and medical assistance to formulate trial plans, prevent emergencies such as disruption of court order, and ensure that judicial fairness in grassroots religious-related cases is not interfered with.
再次,要推进基层司法制度改革。落实“行刑衔接”要求,司法机关要进一步明确基层非法宗教活动涉犯罪常见罪名,分类别制定证据采集标准,解决基层涉宗教案件证据搜集、审查、认定困难的问题;规范并完善基层涉宗教案件的司法解释,总结此类案件发生规律和办案经验,发布指导性案例,为司法实践提供借鉴指导;协调公安民警、社区干部、医疗救助等,制定庭审预案,预防扰乱庭审等突发问题,保障基层涉宗教案件司法公正不受干扰。
(5) Strengthening the Publicity and Education of Religious Policies, Laws, Regulations, and Marxist Atheism, Enhancing the Rule-of-Law Awareness and Scientific Literacy of Relevant Subjects
(五)加强宗教政策法规及马克思主义无神论的宣传教育,提升相关主体的法治意识与科学素养
The realization of law-based governance of grassroots religious affairs requires not only that all subjects involved in the governance of religious affairs form a rule-of-law mindset, but also that the grassroots masses establish a correct worldview, outlook on life, and value system, using science and rationality to dispel the ideological fog brought by religion. Therefore, strengthening the publicity and education of laws, regulations, and policies related to religious affairs and Marxist atheism, enhancing the rule-of-law awareness of religious figures and religious believers, and improving the scientific and cultural literacy of the grassroots masses are fundamental means to achieve law-based governance of grassroots religious affairs.
基层宗教事务治理法治化的实现不仅需要所有参与宗教事务治理的主体形成法治思维,更需要基层群众树立正确的世界观、人生观、价值观,以科学和理性破除宗教带来的思想迷雾。因此,加强涉宗教法律法规政策和马克思主义无神论的宣传教育,提升宗教界人士和信教群众的法治意识,提高基层群众的科学文化素养是实现基层宗教事务治理法治化的根本手段。
In this regard, the first step is to strengthen the publicity and education of the rule of law. For religious figures and religious believers, attention should be paid to their ideological trends and psychological characteristics. Targeted publicity and education on religious policies, laws, and regulations, as well as law popularization actions, should be carried out. Religious laws, regulations, and policies should be interpreted comprehensively and fairly, guiding them to cooperate with the Party and government’s grassroots religious affairs governance work, and improving their awareness and ability to use the law to safeguard their legitimate rights and interests. On the one hand, the responsibility system for law popularization should be implemented. Based on the original responsibility system of “whoever enforces the law popularizes the law,” combined with the actual situation of grassroots religious affairs governance, a responsibility list for “whoever governs popularizes the law” can be explored, forming a “grand law popularization” pattern that integrates popularization and governance. On the other hand, the particularity of the grassroots law popularization targets should be considered. In addition to traditional forms such as holding training courses on religious laws, regulations, and policies, and theoretical briefing sessions, law popularization forms should be actively innovated and law popularization carriers enriched. For example, combined with grassroots realities, popular and easily understandable law popularization methods such as singing operas and cross-talk performances can be innovatively developed to enhance the publicity and education effect of the Party’s religious policies and relevant laws and regulations.
对此,首先要加强法治宣传教育。对宗教界人士和信教群众,要关注他们的思想动态、心理特点,有针对性地开展宗教政策法规宣传教育、普法行动,全面中肯地解读宗教相关法律法规和政策,引导他们配合党和政府的基层宗教事务治理工作,提高他们运用法律维护自身合法权益的意识和能力。一方面要落实普法责任制,在原有“谁执法谁普法”责任制的基础上,可以结合基层宗教事务治理实际,探索“谁治理谁普法”责任清单,形成普治合一的“大普法”格局。另一方面,要考虑基层普法对象的特殊性,在举办宗教法规政策培训班、理论宣讲会等传统形式之外,积极创新普法形式、丰富普法载体。例如可以结合基层实际创新开发唱大戏、相声表演等通俗易懂、喜闻乐见的普法宣传方式,提升党的宗教政策和相关法律法规的宣教效果。
Second, it is necessary to support religious circles in strengthening legal construction. Guide religious groups to formulate and improve their internal rules and regulations, and manage religious personnel and conduct religious activities in accordance with laws and regulations. Strengthen the cultivation of various types of religious talents and legal education, enhance their legal literacy and spiritual realm, and urge them to consciously abide by the law and use the law to protect their legitimate rights and interests. In addition, it is necessary to give full play to the positive role of religious groups and religious colleges in assisting Party committees and governments in carrying out propaganda on religious policies and regulations, investigating illegal religious activities, mediating disputes in the religious field, and conducting legal education for religious believers, so as to form a good legal atmosphere within religious circles.
其次,要支持宗教界加强法治建设。引导宗教团体制定并完善内部规章制度,依法依规进行教职人员管理、开展宗教活动。加强对各类宗教人才的培养和法治教育,提升其法治素养与精神境界,促使其自觉遵法守法,运用法律维护自身的合法权益。另外,要充分发挥宗教团体、宗教院校在协助党委和政府开展宗教政策法规宣传、非法宗教活动排查、宗教领域矛盾纠纷调解、信教群众法治教育等方面的积极作用,在宗教界形成良好的法治氛围。
Third, it is necessary to strengthen the propaganda and education of Marxist atheism in a targeted manner. Carrying out propaganda and education of Marxist atheism among the broad masses of grassroots people is a key measure to effectively enhance the people's scientific and cultural literacy and eliminate the negative influence of religion. However, considering the actual conditions at the grassroots level, the propaganda and education of Marxist atheism needs to be more "targeted" in terms of content, channels, and objects. In terms of propaganda content, considering that superstitious ideas about ghosts and gods still have a considerable influence on grassroots people, the atheist ideas contained in excellent traditional culture can be transformed into one of the propaganda contents. At the same time, make full use of tangible and perceptible examples that happen around the people, such as typical cases of rural revitalization and the fight against poverty, and exemplary cases of "Touching China" [9]9 "Touching China" (感动中国) is an annual awards program organized by China Central Television (CCTV) that honors individuals or groups with exemplary moral character and contributions to society. figures, to help people seek spiritual sustenance from social reality rather than illusory religion. In terms of propaganda channels, we can also use emerging internet platforms such as WeChat, Weibo, and self-media platforms to expand the reach of Marxist atheist propaganda and enhance the effectiveness of propaganda and education. In terms of propaganda targets, it is necessary to particularly strengthen Marxist atheist education for grassroots youth groups, require grassroots primary and secondary schools to offer courses related to Marxist atheism, strengthen education in advanced socialist culture, guide youth groups to correctly understand the nature of religion and the laws of its development and extinction, and resist the negative influence of theism.
再次,要有针对性地加强马克思主义无神论宣传教育。面向广大基层群众开展马克思主义无神论宣传教育是有效提升群众科学文化素养,消解宗教负面影响的关键举措。但考虑到基层实际,马克思主义无神论宣传教育在内容、途径和对象上需要更具有“针对性”。在宣传内容上,考虑到鬼神迷信思想对基层群众仍有较大影响,可以将优秀传统文化中蕴含的无神论思想转化为宣传内容之一。同时,充分利用发生在群众身边有形可感的事例,比如乡村振兴、脱贫攻坚的典型案例,“感动中国”人物榜样事例等,帮助群众从社会现实而非虚幻的宗教中寻找精神寄托。在宣传途径上,也可以借助微信微博、自媒体平台等新兴互联网平台,扩大马克思主义无神论的宣传面、提升宣教效果。在宣传对象上,要特别加强对基层青少年群体开展马克思主义无神论教育,要求基层中小学校开设马克思主义无神论相关课程,加强社会主义先进文化教育,引导青少年群体正确认识宗教的本质与发展消亡的规律,抵御有神论的消极影响。
Notes
- The "Nine Musts" (九个必须) are nine principles for religious work in the New Era outlined by Xi Jinping at the 2021 National Conference on Religious Work. ↩
- The "15th Five-Year Plan" (十五五规划) refers to the 15th Five-Year Plan for National Economic and Social Development of the People's Republic of China, covering the period 2026-2030. ↩
- This is a standard formulation in Chinese political discourse emphasizing the primacy of the rule of law in institutional governance. ↩
- This is a standard formulation in Chinese political discourse on the complexity of religious issues. ↩
- The "Implementation Outline for Building a Law-Based Society (2020-2025)" (《法治社会建设实施纲要(2020-2025年)》) is a central policy document issued by the CPC Central Committee outlining goals for legal construction in society. ↩
- The "2+13" regulatory system refers to the Constitution and the Regulations on Religious Affairs as the two core legal documents, supplemented by thirteen other related laws and regulations. ↩
- These various expressions of religious property ownership reflect historical ambiguities and differing interpretations in Chinese law and policy regarding the ownership of assets belonging to religious sites. ↩
- The 26 forms of manifestation of illegal religious activities are a list published by relevant authorities to provide guidance for identifying such activities, though it is not exhaustive. ↩
- "Campaign-style enforcement" (运动式执法) refers to a mode of law enforcement that is intensive, short-term, and focused on specific targets, often in response to central directives or public pressure, rather than being routine and institutionalized. ↩
- "Hierarchical responsibility, territorial management" (分级负责、属地管理) is a principle in Chinese administrative management where responsibilities are divided among different levels of government, and local governments are primarily responsible for affairs within their jurisdiction. ↩
- A Hui ethnic聚居区 refers to a residential area predominantly inhabited by the Hui people, one of China's officially recognized ethnic minorities, many of whom are Muslim. ↩
- This quote is from Xi Jinping's speech at the Central Conference on Work Related to Law-Based Governance, held in November 2020. ↩
- The Shi Yongxin incident refers to a series of controversies and allegations surrounding Shi Yongxin, the abbot of the Shaolin Temple, a famous Buddhist monastery, including accusations of financial impropriety and moral misconduct that became public around 2015. ↩
- "失控" (shīkòng) means "loss of control" or "out of control." ↩
- "Capability panic" (本领恐慌) is a term used in Chinese political discourse to describe a feeling of anxiety or inadequacy among cadres when facing new tasks or challenges that require skills or knowledge they lack. ↩
- "Five-Sphere Integrated Plan" (五位一体) is a strategic concept of the CPC that refers to the coordinated progress of economic, political, cultural, social, and ecological civilization construction. Here it is used analogously to describe a comprehensive approach. ↩
- 巡察 (xúnchá) – Inspection tours conducted by Party discipline inspection bodies at the prefectural and county levels to oversee the work of Party organizations and cadres, a key mechanism for enforcing Party discipline. ↩
- 四梁八柱 (sì liáng bā zhù) – A Chinese idiom literally meaning “four beams and eight pillars,” used metaphorically to describe the main supporting framework or fundamental structure of a system. ↩
- “Whoever enforces the law popularizes the law” (谁执法谁普法): A principle in China’s legal system requiring the government department responsible for enforcing a specific law to also be responsible for publicizing and educating the public about that law. ↩
- “Whoever governs popularizes the law” (谁治理谁普法): An extension of the principle in note [1], proposed here by the authors, suggesting that entities involved in governance should also be responsible for law popularization. ↩
- "Touching China" (感动中国) is an annual awards program organized by China Central Television (CCTV) that honors individuals or groups with exemplary moral character and contributions to society. ↩