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Chinese citizens' right to the freedom of religious belief is
protected by the Constitution and laws.
In the Constitution of the People's Republic of China freedom
of religious belief is a basic right enjoyed by all citizens. Article
36 of the Constitution stipulates, "Citizens of the People's
Republic of China enjoy freedom of religious belief." It also
goes on to say, "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." Again, "the State protects
normal religious activities," and "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." In addition, "Religious bodies and religious
affairs are not subject to any foreign domination."
China's Law on National Regional Autonomy, General Principles
of the Civil Law, Education Law, Labor Law, Compulsory Education
Law, Electoral Law of the People's Congresses, Organic Law of the
Villagers' Committees, Advertisement Law, and other laws stipulate
that all citizens, regardless of their religious beliefs, have the
right to vote and stand for election; the legitimate property of
religious bodies is subject to legal protection; education is separate
from religion, and all citizens, regardless of their religious beliefs,
enjoy equal educational opportunities in accordance with the law;
the people of all ethnic groups should respect each other's languages,
customs and habits, and religious beliefs; citizens shall not be
discriminated against in terms of employment because of different
religious beliefs; and no advertisements or trade marks shall include
discriminatory contents against any ethnic group or religion.
The Chinese government has promulgated the Regulations on the
Administration of Sites for Religious Activities so as to protect
the lawful rights and interests of such sites. The Regulations specify:
Sites for religious activities shall be run independently by the
administrative organizations thereof, whose lawful rights and interests
and normal religious activities at the sites shall be protected
by law. No organization or individual may violate or interfere with
such rights, interests or activities. Anyone who encroaches on the
lawful rights and interests of the sites for religious activities
shall bear legal responsibilities. Religious activities conducted
at the sites, however, must conform to laws and regulations.
The Chinese government has promulgated the Provisions on the Administration
of Religious Activities of Aliens Within the Territory of the People's
Republic of China. China respects the freedom of religious belief
of aliens within Chinese territory and protects their friendly contacts
and cultural and academic exchanges with Chinese religious circles
with respect to religion. Aliens may participate in religious activities
at recognized sites for religious activities within Chinese territory.
They may also preach at the invitation of Chinese religious bodies
at or above the provincial level. Aliens may hold religious activities
attended by aliens at sites approved by people's governments at
or above the county level. They may invite Chinese clerical personnel
to conduct such religious rituals as baptisms, weddings, funerals
and prayer meetings, and may bring with them printed religious matter,
audio-visual religious material and other religious articles for
personal use while entering Chinese territory. Aliens who conduct
religious activities within Chinese territory shall abide by Chinese
laws and regulations.
The legal protection of citizens' right to the freedom of religious
belief in China is basically in accordance with the main contents
of the concerned international documents and conventions in this
respect. The following stipulations in the United Nations Charter,
the Universal Declaration of Human Rights, the International Covenant
on Economic, Social and Cultural Rights, the International Convenient
on Civil and Political Rights, the United Nations Declaration on
the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief, and the Vienna Declaration and Action
Program are all included in China's laws and legislation in explicit
terms and are being put into practice: that freedom of religion
or belief is a basic human right; people should enjoy freedom of
religion or belief; no one should be discriminated against because
of religious affiliation or belief; people should enjoy freedom
of religious service and assembly, and the freedom to set up and
maintain places of worship; they should have the freedom to compile
and distribute printed materials pertaining to religion or belief;
they should have the freedom to celebrate religious festivals and
hold religious rites based on their faiths and morals; and they
should have the right to promote and protect the rights pertaining
to only a small number of people ethnically, racially, religiously
and linguistically. According to Chinese law, while all citizens
enjoy the right to freedom of religious belief they must also carry
out duties prescribed by law. In China, all individuals and organizations,
including all religions, must safeguard the people's interests,
the sanctity of the law, ethnic unity and unification of the nation.
This is in conformity with the relevant clauses of the UN documents
and conventions on human rights. The Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion
or Belief states: "Freedom to manifest one's religion or belief
may be subject only to such limitations as are prescribed by law
and are necessary to protect public safety, order, health or morals
or the fundamental rights and freedom of others." The International
Convenant on Civil and Political Rights notes: "Any advocacy
of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence shall be prohibited by
law." Citizens who believe in religion and those who do not
believe in religion are equal before the law. This is a basic requirement
for modern civilization and nations subject to the rule of law.
Each country has its own history, culture and national conditions,
which decide that each country's protection of freedom of religious
belief has its own characteristics. While stressing the protection
of freedom of religious belief China pays equal attention to the
protection of the freedom not to believe in religion, thus ensuring
freedom of religious belief in a complete sense. This is a more
complete and more comprehensive protection of citizens' basic rights.
The Chinese government maintains that religious belief is a citizen's
personal affair. However, the construction of a prosperous, powerful,
democratic modern socialist country with advanced culture, and the
safeguarding of the country's sovereignty and national dignity are
the common goals and in the fundamental interest of Chinese people
of all ethnic groups, including those who believe in a religion
and those who do not. Therefore the people who believe in a religion
and those who do not can unite and cooperate politically, and respect
each other's beliefs.
Religion should be adapted to the society in which it is prevalent.
This is a universal law for the existence and development of religion.
Now the Chinese people are building China into a modern socialist
country with Chinese characteristics. The Chinese government advocates
that religion should adapt to this reality. However, such adaptation
does not require citizens to give up religious belief, nor does
it require any religion to change its basic doctrines. Instead,
it requires religions to conduct their activities within the sphere
prescribed by law and adapt to social and cultural progress. This
conforms to the fundamental interests of religious believers as
well as to those of the various religions themselves.
Nevertheless, since the 1980s some pernicious organizations have
sprung up in certain areas of China, which engage in illegal and
even criminal activities under the signboard of religion. Some of
the heads of these pseudo-religions distort religious doctrines,
create heresies, deceive the masses, refuse to obey the State's
laws and decrees, and incite people to overthrow the government.
Some pretend to be supernatural beings, and have killed or injured
people; others organize promiscuity, or defraud people of money
or property. They are a serious danger to the normal life and productive
activities of the people. The broad masses of the people and personages
of the religious circles detest this phenomenon, and so, in order
to safeguard the public interest and the sanctity of the law, and
to better protect the people's right to freedom of religious belief
and normal religious activities, China's judicial organs punish
law-breakers and criminals who severely endanger the society and
the public interest in accordance with the law. The punishment of
criminals by China's judicial organs in accordance with the law
has nothing to do with religious belief. No one in China is punished
because of his or her religious belief. But no country that practices
the rule of law in the world today would tolerate illegal and criminal
activities being carried out under the banner of religion.
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