国务院令第145号
(Promulgated by Decree No. 145 of the State Council of the People's Republic of China on January 31, 1994)
颁布日期:19940131 实施日期:19940131 颁布单位:国务院
The Full Text
Article 1 These Regulations are formulated2 in accordance with the Constitution in order to protect normal religious activities and the lawful3 rights and interests of sites for religious activities and to facilitate the administration of sites for religious activities.
Article 2 The sites for religious activities referred to in these Regulations mean Buddhist4 monasteries5, Taoist temples, mosques6, churches and other fixed7 sites for conducting religious activities.
The establishment of sites for religious activities must be registered. Measures for registration8 thereof shall be formulated by the department of religious affairs of the State Council.
Article 3 Sites for religious activities shall be run independently by the management organizations thereof, whose lawful rights and interests and normal religious activities at the sites shall be protected by law. No organizations or individuals may violate or interfere9 with them.
Article 4 Management rules shall be set up at sites for religious activities. Religious activities conducted at sites for religious activities must abide10 by laws and regulations. No person may make use of sites for religious activities to engage in activities that disrupt the unification of the country, national unity11 or social stability, impair12 the health of citizens or interfere with the educational system of the state. Sites for religious activities are not subject to the domination of any body or individual outside Chinese territory.
Article 5 Permanent residents and temporary residents at sites for religious activities shall abide by the provisions governing residence-registration of the state.
Article 6 Sites for religious activities may accept alms, offerings and Nihau contributed voluntarily by the people who believe in religion.
Sites for religious activities shall accept donations from religious bodies and individuals outside Chinese territory in accordance with relevant provisions of the state.
Article 7 At sites for religious activities the management organizations thereof may sell religious articles, religious art work and religious books and periodicals in accordance with the relevant provisions of the state.
Article 8 The property and income of sites for religious activities shall be managed and used by the management organizations thereof and no other units or individuals may possess or transfer them without compensation.
Article 9 Termination or mergence of sites for religious activities shall be reported to the original registration department for the record and the property therein shall be disposed of according to the relevant provisions of the state.
Article 10 With regard to the land, forest, houses and other properties managed or used by sites for religious activities, the management organizations thereof or the religious bodies to which the sites for religious activities belong shall apply for certificates in accordance with the relevant provisions of the state. The requisition by the state of the land, forest, houses and other properties which sites for religious activities manage and use shall be handled in accordance with the Land Administration Law of the People's Republic of China and other relevant provisions of the state.
Article 11 The relevant units or individuals who reconstruct buildings or construct new buildings, set up commercial or service network and posts, hold displays or exhibitions or shoot films or television programs or hold other activities within the management scope of sites for religious activities must first obtain the approval from the management organization of site for religious activities and departments of religious affairs of the people's government at or above the county level before going through procedures to the relevant departments.
Article 12 Sites for religious activities designed as units to be protected for cultural relics13 or located in scenic14 or famous districts shall manage and protect the cultural relics and the environment in accordance with the provisions of relevant laws and regulations and accept the guidance and supervision15 by the relevant departments.
Article 13 The departments of religious affairs of the people's government at or above the county level shall exercise supervision over and give guidance to the implementation16 of these Regulations.
Article 14 Where sites for religious activities violate the provisions of these Regulations, the department of religious affairs of the people's governments at or above the county level, may according to the seriousness of the circumstances, make punishment of giving a warning, stopping their activities and revoking17 registration; if the circumstances are specially18 serious, the people's governments at the same level are asked to ban them in accordance with the law.
Article 15 Whoever violates these Regulations and constitutes an act violating the administration of public security shall given penalties by the public security organ in accordance with the relevant provisions of Regulations of the People's Republic of China on Administrative19 Penalties for Public Security; if such an act constitutes a crime he shall be investigated for criminal responsibilities by the judicial20 organs.
Article 16 If a party is not satisfied with the administrative decision, he may appeal for administrative reconsideration or bring an administrative suit according to the provisions of relevant laws or regulations.
Article 17 In case of any infringement21 of the lawful right and interests of the sites for religious activities in violation22 of these Regulations, the departments of religious affairs of the people's government at or above the county level shall ask the people's government of the same level to stop such acts of infringement and in case of any economic losses incurred23, the party responsible thereof shall make due compensation for the losses according to law.
Article 18 People's governments of the provinces, autonomous24 regions and municipalities directly under the Central Government may formulate1 measures for the implementation of these Regulations in the light of local actual conditions.
Article 19 The department of religious affairs of the State Council shall be responsible for the interpretation25 of these Regulations.
Article 20 These Regulations shall enter into force as of the day of promulgation26.