The Legal Basis and Practical Path of Religious Lawyers in the Attribution of Property Rights in China

Abstract

This research examines the legal basis and practical pathways for religious lawyers in addressing the attribution of property rights in China. The findings are derived from interviews with lawyers representing various religious organisations, focusing on the evolving legal landscape and the core challenges associated with religious property rights. The analysis includes three case studies that highlight distinct scenarios. In the first case, involving a dispute over Buddhist community property, the court ruled in favour of the religious community, affirming their property rights. In contrast, the second case concerned the seizure of Uyghur Muslim religious property, where national security and social stability concerns led the Xinjiang autonomous government’s actions to receive legal justification and protection. The third case dealt with property belonging to Zhejiang Christian churches. Here, the court upheld the provincial government’s authority to enact new rules and policies while ensuring protections for registered churches operating within the country. These cases illustrate the evolving legal framework surrounding religious property rights in China, shaped by sociocultural, political, and religious factors. The study underscores the dynamic and interdisciplinary nature of legal protections for religious property, presenting significant challenges for religious lawyers as they navigate this complex and shifting legal environment.