China, Christianity, and the Rule of Law

Another interesting post from the Acton Institue, this time concerning religious freedom in Communist China:

In “Would a religion law help promote religious freedom?” Magda Hornemann writes, “For many years, some religious believers and experts both inside and outside China have advocated the creation of a comprehensive religion law through the National People’s Congress, China’s legislature.” The argument in favor of the establishment of such a law is that “the rights of religious believers would be better protected by being clearly stipulated and codified in an objective law of the land.”

The consensus at Forum 18 is that a law by itself would be no real positive step. After all, “Despite the words contained in China’s laws and regulations, what is even more important is how those words are interpreted – which in turn is affected by one’s view on the roles played by laws and regulations in society.”

Here’s Forum 18’s conclusion:

“Without an independent judiciary, even a well-crafted law is likely to fail on its first try. Yet, it is clear that an independent judiciary is not possible within the existing political-legal context. As long as the state remains authoritarian, and while the political and legal culture remain unchanged, it also seems likely that a comprehensive religion law will not in itself end arbitrary state moves that inhibit the religious freedom of China’s citizens.”

Reform begins with the judiciary.

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