庙产权属问题研究
Research on the Property Ownership of Temples

庙产的种类具有多样性，庙产的产生也具有多样化的特征。根据现行法律可以认定，历史文物的庙产分别归国家所有或者宗教活动场所法人所有。在我国《民法典》颁布并实施后，对寺庙作为法人的民事主体资格予以肯定，但对于庙产权属问题并未明晰，《宗教事务条例》中虽然专章规定了宗教财产，但并未在民法物权层面予以释明。应进一步明确庙产的立法，明确权属问题，明确寺庙用地及寺庙内宗教文物的国家所有权，寺庙为独立法人，出资人不应获得庙产物权，从而肃清宗教商业化之风，同时综合考量佛教习俗，借鉴于立法过程。
The types of temple products are diverse, and the emergence of temple products also has diverse characteristics. According to current laws, it can be determined that the temple properties of historical relics are respectively owned by the state or by legal persons in religious activity venues. After the promulgation and implementation of the Civil Code of China, the civil subject qualification of temples as legal persons was affirmed, but the ownership of temple property rights was not clear. Although the Religious Affairs Regulations specifically stipulated religious property, they did not explain it at the level of civil law property rights. It is necessary to further clarify the legislation of temple property, clarify the issue of ownership, and clarify the national ownership of temple land and religious relics inside the temple. The temple is an independent legal person, and the investor does not obtain the property rights of the temple property to eliminate the trend of religious commercialization by taking into account Buddhist customs and the legislative process.