Home
/
RELIGION & LIBERTY ONLINE
/
China, Christianity, and the Rule of Law
China, Christianity, and the Rule of Law
Jul 18, 2025 8:13 PM

Earlier this month Forum 18 published an article that examined whether the establishment of a law regarding religion at a national level would be a positive step toward ending the sometimes arbitrary and uneven treatment of religious freedom issues throughout the country.

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 prehensive 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 prehensive religion law will not in itself end arbitrary state moves that inhibit the religious freedom of China’s citizens.

Even so, the implications of a new human rights group in China may mean that the establishment of a uniform religious law is a positive first step.

The current issue of Christianity Today features a profile on the Human Rights Protection Movement (HRPM). The HRPM is an association of “lawyers, pastors, journalists, and human rights leaders across China,” who “are trying out the strategies of the historic American civil rights movement, using litigation, media publicity, and nonviolent protests.”

In “China’s New Legal Eagles,” Tony Carnes examines in particular the legal aspects of the HRPM. That is, the HRPM provides legal defense for those who cannot afford it and challenges the Chinese government on the basis of its own written and established laws. Thus, oftentimes “the Chinese government is caught between its rhetoric proclaiming the rule of law and its practice of ignoring or abusing the law when it suits its purposes.”

This method of appealing to the current set of laws to defend freedom is one that is also used by International Justice Mission (IJM), for example, in fighting the international slave trade. IJM works “to rescue victims and to bring accountability to perpetrators through the enforcement of a country’s domestic laws.”

The basis for the work of many of the evangelical lawyers and activists in the HRPM is their Christian faith. Fan Yafeng, an influential constitutional scholar in Beijing, makes pelling observation regarding Christianity in China: “We are seeing the intersection of law and religion in China. More and more Chinese public intellectuals say that only Christianity can provide a solid foundation for the rule of law in China.”

What Yafeng is claiming about the relationship between Christianity and China today has often been repeated about the relationship between Christianity and the West.

In a 2004 essay, “A Time of Transition,” German philosopher and secularist Jürgen Habermas wrote, “Christianity, and nothing else is the ultimate foundation of liberty, conscience, human rights, and democracy, the benchmarks of western civilization. To this day, we have no other options. We continue to nourish ourselves from this source. Everything else is postmodern chatter.”

Over sixty years earlier German theologian Dietrich Bonhoeffer wrote of his historical context in an essay from his Ethics, “Church and World”:

Reason, culture, humanity, tolerance, autonomy—all these concepts, which until recently had served as battle cries against the church, against Christianity, even against Jesus Christ, now surprisingly find themselves in very close proximity, to the Christian domain. This happened at a point in time when everything Christian had been driven into a tight corner as never before, when the central Christian tenets were being emphasized in their sternest, most promising, and most offensive form to reason, culture, humanity, and tolerance. Indeed, in exactly the reverse proportion that everything Christian was attacked and driven into a corner, it gained these concepts as allies, and thereby a scope of unimagined breadth

Later on Bonhoeffer reiterates the point quite stunningly:

It is not Christ who has to justify himself before the world by acknowledging the values of justice, truth, and freedom. Instead, it is these values that find themselves in need of justification, and their justification is in Jesus Christ alone. It is not a “Christian culture” that still has to make the name of Jesus Christ acceptable to the world; instead, the crucified Christ has e the refuge, justification, protection, and claim for these higher values and their defenders who have been made to suffer.

Sadly, abuses of the rule of law in China monplace and Forum 18’s concerns about the independence and consistency of the judiciary are certainly relevant. Such concerns e even more pressing in the light of recent moves by the Chinese government to restrict the flow of information about court cases.

But these issues notwithstanding, the efforts of groups like HRPM show that appeals to the existing laws, within the context of the normative rule of law, can be an effective way to work for the protection of religious freedom. It may well be that a prehensive, and objective national religion law would help rather than hinder the work of these evangelical “legal eagles.”

As Daniel Pulliam writes at GetReligion, “Those of us who have heard from Christian Chinese missionaries, perhaps at a church function, know that Christianity could change China.” The HRPM is an example of one way in which such positive changes can be plished.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Want to Help the Poor? Promote a Free Market in Health Care
Want to help the poor? Promote a free market in health care. That’s the argument made by John C. Goodman, author of the new book Priceless: Curing the Healthcare Crisis. Timothy Dalrymple recently talked with Goodman about the best approach for restoring free-market pricing mechanisms into the market for medical care and health insurance: Aren’t there some people, however, who have little of money and lots of time, and would prefer to wait in order to receive cheaper care? There...
Rev. Sirico on Life, Work, and Human Flourishing
J.Q. Tomanek of Ignitum Today interviewed Rev. Sirico about life, work, human flourishing, and his new book, Defending the Free Market: JQ Tomanek: Back in the day, holiness was misinterpreted as a cleric or religious life thing. How can a lay Catholic practice their faith? What are some ways to sanctify our work as lay Catholics? Is “ora et labora” just a monk thing? Reverend Sirico: Yes, religious people are often tempted to e so “heavenly minded they are no...
How were people On Call in Culture 165 years ago?
What is so special about 1837? That was the year Abraham Kuyper was born. September 29th is his 165th birthday. So we thought we would go back to 1837 and see how people were being On Call in Culture back then. We don’t know if they were all believers on a mission to bless the world, but by seeing what was going on 165 years ago, we hope you are encouraged to engage your world in 2012! How did people...
Counting the Profit of a Third Party Choice
Joe Carter recently highlighted the discussion at Ethika Politika, the journal of the Center for Morality in Public Life, about the value of (not) voting, particularly the suggestion by Andrew Haines that in some cases there is a moral duty not to vote. This morning I respond with an analysis of the consequences of not voting, ultimately arguing that one must not neglect to count the cost of abstaining to vote for any particular office. One issue, however, that I...
Did 2,362 Millionaires Get Unemployment Checks in 2009? (Answer: Yes they did.)
The Congressional Research Service (CRS), a group that works exclusively for the U.S. Congress, issued a report with one of the greatest titles I’ve ever seen on a government document: Receipt of Unemployment Insurance by e Unemployed Workers (“Millionaires”) Now the first nine words are nothing special, typical policy-wonk speak. But whoever added in the word “millionaires” with scare quotes and parentheses is a genius. Most people would have been nodding off around the word “Insurance” but seeing millionaires (that’s...
Markets and culture: A time to play, a time to pray
Faced with the prospect of a professional athletic career, a nearly-half million dollar salary, and a perfect lady, what’s not to like? Apparently, for Grant Desme, it was the noise and unrest of the world. Can a culture of life and the noise and tumult of the marketplace co-exist? Rev. Robert Sirico, reflecting on this, says they can, so long as it is not a place where: [C]apitalism…places the human person at the mercy of blind economic forces…What we propose,...
Dodd-Frank: The Other Serious Threat
At least es at us head on. The greater legislative threat may be the one that most Americans have never heard of. Economist Scott Powell and Acton friend Jay Richards explain in a new piece in Barron’s: While Obamacare received more attention, the Wall Street Reform and Consumer Protection Act, also known as Dodd-Frank after its Senate and House sponsors, … unleashed a new regulatory body, the Consumer Financial Protection Bureau, to operate with unprecedented power. Dodd-Frank became law in...
On Call with Dr. Pamela Casson
Dr. Pamela Casson, a pediatrician in Colorado Springs, knows what it means literally to be “On Call.” This week she shares with us in this video interview with Jon Hirst how she sees God working through her in her work with families, children and the world around her. Thank you Pamela for giving us an inside look at how you see your work as blessing the world. ...
Is it really ‘aid’ if it goes to relatively wealthy nations?
Alan Duncan, an aid minister in the UK, says his government is “forced” to hand over large amounts of money to the EU’s foreign aid budget, but has no say in how the money is spent. The problem is that much of the $2 billion+ “aid” money (one-sixth of the British budget) goes to projects such as making a Moroccan water park more eco-friendly, an art project in St. Petersburg, and building a hotel and plex in Barbados. Britain’s International...
Stop Apologizing for Our Liberties
You cannot apologize to a fanatic, says Lee Harris. It only serves to convince him that he was right all along: The last few weeks have witnessed a peculiar and disturbing spectacle: An American administration that has spent a great deal of time and energy apologizing for our liberties—in particular, for what many would regard as the foundation of all our other liberties, namely, the freedom to express our minds as we see fit. This signature freedom, of which Americans...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved