宗教活动场所法人的若干法律问题研究

我国《民法总则》对宗教活动场所法人资格的定位,将宗教活动场所法人界定为非营利法人、公益性法人和捐助法人,并将其区别于宗教团体法人,这样界定有诸多法律意义和现实意义。在宗教活动场所法人的成立条件中,《民法总则》允许具备法人条件的宗教活动场所取得法人资格,但并未规定宗教活动场所必须登记为法人。其治理结构应设有法人机关,包含决策、执行、监督三个机构;宗教活动场所法人享有对宗教财产的所有权与使用权,但需依据宗教事务条例对其财产权进行保护和限制。同时,在宗教事务中,其需要对法定代表人的行为,教职人员和工作人员的侵权行为等承担相应的民事责任。

Some Legal Problems of Legal Persons in Places of Religious Activities

China''s General Principles of Civil Law has defined the status of legal persons in religious venues and defined religious venues as non-profit corporations, public welfare corporations and contributory corporations, and has distinguished them from religious corporate corporations. This defines many legal implications and practical significance. In the conditions for the establishment of a religious agency legal entity, the General Principles of Civil Law allows the venue for religious activities with legal person qualifications to obtain legal personality, but it does not require that venues for religious activities must be registered as legal persons. Its governance structure should have a corporate body, which includes three agencies for decision-making, implementation, and supervision. Legal entities in religious venues should have the right to ownership and use of religious property, but they must protect and restrict their property rights in accordance with religious affairs regulations. At the same time, in religious affairs, they need to bear corresponding civil liabilities for the acts of the legal representative, the infringement of the staff, and so on.