Freedom of religion in China and in Russia: modern legal framework and the system of state restrictions

According to the Constitution of 1982 (amended in 2004), People's Republic of China (PRC) is proclaimed a secular country. However, the society in this state has very long religious traditions. There are different religious beliefs there with an increasing number of followers. This makes the bodies of public power contact with various religious institutes. Having analyzed national laws and rules, it is possible to conclude that a religious policy of China is aimed at the prevention of free activity of religious organizations of new and unrecognized beliefs. The similar purposes of legal regulation were established in Russia at adoption of the Federal law Russian Federation of 26.10.1997 No. 125-FZ (an edition of 06.07.2016) "About freedom of worship and about religious associations" and its subsequent changes that enables us to take into account a positive experience of China. Legal regulation in the sphere of freedom of worship in China has a number of features and a controlled character of religion is the main of them. Besides this fundamental beginning, it is possible to point out several principles of Chinese policy in the sphere under consideration. Religion cannot be used as the tool for a disorderly conduct in the country. Moreover, the government of the PRC can create, change the status and unregister religious organizations; it exercises supervision of places within which religious activity is carried out. It is necessary to get a construction license before any activities for construction of a religious object begin. Moreover, the government of China operates personnel of the religious organizations. Any information about the appointment to the post or dismissal in the religious organization, as well as about the vacancy of the main religious post is reported to a public authority. Taking into account a negative experience of activity of foreign powers in China throughout the 19th century noted by oppression, operation and mockeries, the Chinese government is suspicious about the activity of foreign missionaries and foreign organizations in the country. Any foreign religious organization, which wants to conduct religious activity in the PRC, has to enter strong relationship with the contact Chinese religious organization. Russia and China build their relationship with religious institutes on the basis of secular principles. However, in each country restrictions for realization of freedom of worship and freedom of worship are set. Often they have an arbitrary and excessive character. This complicates the construction of a truly constitutional state as it is proclaimed in Article 1 of the Constitution of the Russian Federation and Article 5 of the Constitution of the People's Republic of China and will result in the destruction of statehood and destabilization of the civil world.

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