政教关系的全球考察

发布时间：2019-04-04 20:03

【摘要】：成文宪法中的政教关系是一国对历史形成的宗教与政权关系的根本法承认。由于当今世界大多数国家政权与教权的实际分立,通过宪法规范政教关系具有必然性和必要性。宪法规定政教关系体现了宪法保护宗教信仰自由权的制度设计。通过对168个国家成文宪法中的形式政教关系和在具体的政治、教育、社会等制度中体现的实质政教关系的考察,在形式上规定设立国教、政教分离和没规定政教关系三种模式下,共有十种不同的实质政教关系类型。进一步归类统计发现,除了少数完全没规定政教关系的国家外,各国的政教关系主要有政教分离和宗教主导、国家主导三大类型。其中规定政教分离的国家数量最多,占到统计数量的2/3,体现了成文宪法规定政教关系的一般趋势。宗教主导多体现在意识形态方面,而国家主导限于维护主权和公共利益的需要所对宗教进行的外部管理或扶持。基于传统的影响,教权渗入政权的少数国家还将在一定时期内延续其宗教主导的政教关系;而在国家权力不断扩张的背景下,政权不干涉教权则是多数规定政教分离的国家的具体政教关系内容。
[Abstract]:The relationship between politics and religion in the written constitution is a fundamental legal recognition of the historical relationship between religion and power. Because of the separation of political power and religious power in most countries, it is necessary and necessary to regulate the relationship between politics and religion through constitution. According to the Constitution, the relationship between government and religion embodies the system design of the constitutional protection of the right to freedom of religious belief. Through the investigation of the formal political and religious relations in 168 written constitutions and the substantive political and religious relations embodied in specific political, educational and social systems, a formal provision is made for the establishment of the state religion. There are ten different types of the relationship between government and religion under the three modes of separation of government and religion and no regulation of the relationship between government and religion. The further classification and statistics show that there are three main types of political-religious relations except for a few countries that do not regulate the relationship between state and religion, and there are three main types of political-religious relations: separation of government and religion, leading by religion and leading by the state. Among them, the number of countries with separation of government and religion is the largest, accounting for 2 ~ 3% of the statistical number, which reflects the general trend of the written constitution stipulating the relationship between government and religion. Religious dominance is mainly embodied in ideology, while state dominance is limited to the external management or support of religion by the need of safeguarding sovereignty and public interest. Based on the influence of tradition, a small number of countries whose religious rights infiltrate into power will continue their religious-dominated relations within a certain period of time. Under the background of the continuous expansion of state power, the non-interference of political power is the concrete content of the political and religious relations in most countries which stipulate the separation of state and religion.
【作者单位】：山东工商学院;
【基金】：2009年山东省社科规划项目“宗教信仰自由权的宪法保护比较研究——基于宪法文本的考察”(09DFXZ01) 2012年教育部人文社科规划项目“昆嵛山地区全真道教文化遗存调查与研究”(12YJA730006)的阶段性研究成果
【分类号】：B91;D911

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