On the Constitutional Norms of Religious Belief
On the Constitutional Norms of Religious Belief
Modern states rely on the rule of law to govern. Among all laws, the Constitution is the fundamental law and the foundation for all others. To understand and grasp a country’s policies toward religious groups and believers as a whole, one must examine the degree and status of religious freedom from a constitutional perspective. A constitution’s provisions regarding citizens’ freedom of religious belief and their right to engage in religious activities reflect the extent of civic liberty. Furthermore, provisions on the relationship between state power and religion reflect the status of religious freedom through the design of the state system. Provisions regarding the autonomy of religious groups and religious affairs embody national sovereignty within the religious sphere. China is a country where multiple religions coexist, with over 100 million religious citizens nationwide; consequently, the freedom of religious belief and the management of religious affairs are subjects of widespread public concern. To correctly address the objective reality of religion's existence in social life, correctly adjust the relationship between state politics and religion, and safeguard citizens' right to freedom of religious belief, Article 36 of the Constitution stipulates: "Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization, or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination." These constitutional provisions succinctly summarize and manifest the state’s norms regarding religious belief.
I. The Principle of Freedom of Religious Belief
Freedom of religious belief is an expression of liberty in people's spiritual lives. It is a fundamental human need based on individual conscience and should not be interfered with by external forces. Any person with an independent personality should enjoy this innate freedom to choose their own beliefs and express them through specific means. Therefore, freedom of religious belief is an important component of basic human rights, as confirmed by numerous international treaties and national constitutions. The provisions of China's Constitution regarding religious belief accord with the spirit of the Universal Declaration of Human Rights. They embody the contemporary global emphasis on the idea that "the constitution should manifest the protection of citizens' basic rights," and reflect a modern state’s recognition and protection of the right to freedom of religious belief enjoyed by its citizens.
Freedom of religious belief includes not only an individual's ideological and spiritual belief in a particular religion but also the behavioral expression of that belief, namely participating in religious rituals, engaging in religious activities, and practicing one’s free religious faith. Thus, religious belief comprises two aspects: the internal aspect includes conviction and emotion. This is purely a personal matter occurring within the realm of the human spirit. In a general sense, freedom of religious belief refers to this internal freedom. The external aspect includes organizations, systems, and behaviors; these are social affairs occurring within the sphere of social life and must be conducted within the scope permitted by law. Even legitimate religions must be subject to the constraints of national law and accept state management according to the law. In social life, the lawful management of religious affairs should strictly distinguish the boundaries of religious belief between public and private life. In public life, the involvement of religion is strictly limited to protect everyone's freedom of religious belief and prevent the oppression of others' freedom of belief. In private life, every individual can fully enjoy their freedom of religious belief. Freedom of religious belief in the Constitution and the law is confirmed and granted equally as a fundamental right and freedom of citizens. It aims to protect the religious freedom of every citizen, which also includes the freedom not to believe in religion, both of which enjoy equal status. This equal status does not remain merely at the level of general principle but must be effectively protected through specific means such as legislation, the judiciary, and administrative law enforcement.
II. The Principle of the Separation of Church and State
The principle of the separation of church and state is a basic principle for modern secular states in handling the relationship between the state and religion. In human social life, no one can impose their religious beliefs on others, not even state rulers. Therefore, the separation of religion and politics means that state power cannot be used to support a religion or establish a state religion, which would integrate religious and political rule. Separation of church and state means that national law stipulates the state shall neither support nor prohibit any religion. The state does not levy religious taxes, nor does it provide any form of financial subsidy to any organization; expenses related to religion may not be included in the national budget. Religious organizations and personnel do not interfere in the state's judiciary, administration, or education. The relationship between politics and religion is regulated entirely by law. Under this model, the legal relationship between the government and religion is one of mutual equality and independence; religions are also equal to one another. If religious activities or behaviors violate the law, interfere in politics, or harm national interests and the public interest of society, they will be subject to legal investigation and sanctions.
The principle of separation of church and state and the right to religious equality are the best interpretations and manifestations of the concept of freedom of religious belief. If church and state are not separated, there can be no complete freedom of religious belief; people would only be able to submit to an official religion and would be unable to fully express their free will regarding belief, as their faith and behavior would be constrained by the official religion. Only through the separation of church and state can the practice of people's will to believe and their behaviors of faith be fully expressed without being dominated by external forces. Internal belief lacks actual meaning if it is devoid of freedom; if freedom of belief is subject to improper restriction or interference from the government, then freedom of religious belief does not exist. Separation of church and state is the prerequisite for freedom of religious belief and the guarantee of religious freedom. Regarding issues in spiritual fields such as religious belief, the state's responsibility is to guarantee the freedom of every citizen, preventing the use of one religious belief to dominate the thoughts and beliefs of all people, and preventing the use of one person's religious belief to coerce another's.
Truly achieving equal coexistence and treatment for all religious believers, and strictly confining religion to the sphere of personal life, prevents religious belief from causing interference in public life. Only in this way can a free space be created, enabling citizens to pursue and enjoy their spiritual lives within an environment of true spiritual and mental freedom.
In social life, as the state recognizes religious and cultural pluralism, it must implement a policy of freedom of religious belief, adhere to the principle of separation of church and state, and uphold the right to equality in the religious sphere. This is also the foundation for achieving religious harmony and social harmony. Religion is a complex social ideology; it is a historical phenomenon that emerged when human society reached a certain stage, having its own process of emergence, development, and eventual disappearance. Based on the social characteristics of religion's existence and the reality of various religions existing in China, the state implements a policy of freedom of religious belief for citizens, making religious belief entirely a matter of free personal choice, which the state shall not forcibly interfere with or pressure. At the same time, it is required that the religious circles must be patriotic and law-abiding. Normal religious activities are protected by law, while the use of religion to interfere in administration, the judiciary, and public education is prohibited. The state persists in cracking down on all illegal and criminal activities conducted under the guise of religion, as well as superstitious activities that do not fall within the scope of religion and endanger national interests and the safety of the people's lives and property. Striking at illegal activities carried out in the name of religion is itself a protection of normal religious belief and activities, and simultaneously, a protection of citizens' fundamental rights.
III. The Principle of Independence and Self-Management
China's religions implement the principle of independence and self-management [1]. This principle is the specific manifestation of national sovereignty in religious affairs and of China's foreign policy in the religious sphere; it is subject to and serves the Party and the state's independent foreign policy. The Constitution explicitly stipulates: "Religious bodies and religious affairs are not subject to any foreign domination." This demonstrates that China's religions implement the principle of independence and self-management. Its essence is that China's religious affairs are handled by China's own religious circles and are not subject to the control of foreign forces. Its basic content is: never allowing any overseas religious forces to regain control over China's religions; never allowing any overseas religious groups or individuals to interfere in China's religious affairs; and never allowing any overseas religious organizations to use any method to proselytize in China.
Persistence in the independent and self-managed operation of religion is based on the historical fact that China long suffered from aggression and plunder by imperialist powers, and that some religions were once controlled and utilized by imperialist forces. It is also an autonomous choice made by China's religious circles and religious citizens. With the exception of Taoism, all of China's current major religions were introduced from abroad in history. After the founding of New China, all religions embarked on the path of independence and self-management. This does not exclude religious circles from engaging in friendly exchanges with religious organizations and individuals from various countries on the basis of equality and friendship, or conducting religious academic exchanges. However, Western hostile forces utilize ethnic and religious issues as a major breakthrough point for implementing strategies of "Westernization" and "differentiation" [2] against China. In particular, ethnic separatist forces attempt to disrupt national security geographically and ideologically through religious infiltration. Therefore, to create a stable environment for building our socialist harmonious society, we must adhere to the principle of independence and self-management, resist infiltration by overseas forces using religion, and safeguard ethnic unity and national unification.
IV. The Principle of Managing Religious Affairs in Accordance with the Law
Managing religious affairs in accordance with the law is an inevitable requirement for the state’s implementation of the strategy of governing the country according to law. It is not in opposition to the effective guarantee of the people's freedom of religious belief but is rather complementary; to guarantee citizens' freedom of religious belief, religious affairs must be managed according to the law. While choosing a religious belief according to personal will is a matter of freedom, this freedom does not mean that religious activities actually carried out—especially collective religious activities—can be exempt from all constraints. Managing religious affairs according to the law is primarily intended to guarantee the normal conduct of religious activities and protect the legitimate rights and interests of religious groups from harm. It is in this sense that China implements the principle of separation of church and state, emphasizing that no religion has privileges beyond the Constitution, and no religion can interfere with the implementation of state functions such as administration, judiciary, and education. Matters and activities in the religious sphere that involve national interests and the public interest of society must be included within the scope of management according to the law. One must not use freedom of religious belief or the separation of church and state as an excuse to abandon or evade the state's management of religious affairs. The use of religion to oppose the leadership of the Communist Party of China and the socialist system, or to undermine national unity and the solidarity of all ethnic groups within the country, is strictly prohibited. The use of religion to harm national and social interests or to hinder the legitimate rights of other citizens is strictly prohibited. In managing religious affairs according to the law, one must correctly handle the relationships between rights and obligations, religious precepts and policy regulations, protecting legality and stopping illegality/striking at law-breaking, and harnessing positive factors while limiting negative ones. We must protect normal religious activities and the legitimate rights of religious circles according to the law, resist and stop the infiltration of overseas forces using religion, and resolutely crack down on the use of religion to engage in activities that undermine ethnic unity or national unification, or other illegal and criminal activities.
Responsible Editor: Wang Jiafei