Chinese Journal of International Law, Volume 23, Issue 2, June 2024, Pages 263–314
Full text: https://doi.org/10.1093/chinesejil/jmae020
China’s approach to religious freedom is unique. Heavy State regulation and the involvement of the Chinese Communist Party often invite external critique of Chinese religious freedom based on legal commitments outside of China. However, China’s rich legal tradition and textual commitments to religious freedom suggest there is more to learn. Analyzing religious freedom in legal texts and in practice from Chairman Mao Zedong to President Xi Jinping, this article offers a dialectic account of religious freedom with Chinese characteristics. Chinese text and practice regarding religious freedom suggest three enduring constitutional commitments: non-discrimination in religious belief, normalization of religious practices, and resistance to foreign religious influence. Each of these textual commitments correspond to the values found in Daoism, Legalism, and Confucianism—the pillars of traditional Chinese culture. With this understanding of China’s religious freedom approach, the article then offers three implications for strengthening China’s commitment to its own theory of religious freedom by (1) separating State and Party policy on religious registration, (2) removing cult designations from criminal law, and (3) accommodating non-traditional religious organizations to help address social issues.