多数国家宪法都包含有宗教条款,但明确阐明宗教之法意涵者,则相当少见,而现代法治国依法治理之要求,又不得不对宗教的法律概念加以厘清。发达法治国家如美国、德国、日本和发展中国家中国,都在各自宪政背景下,藉由多样化的宪法解释方法发展出意味丰富的宗教的法概念。在此基础上,借助比较的方法,归纳各国作法,可以得出“宗教”这一基本范畴,其法理形成的一般规律。 Most countries’ constitutions contain religious clauses. However, it is quite rare to clearly state the meaning of religious laws. However, the requirements of modern law-based countries for governing by law also have to clarify the legal concepts of religion. Developed rule of law countries such as the United States, Germany, Japan and developing countries China, under their respective constitutional backgrounds, have developed rich religious conceptions of law through diversified constitutional interpretations. On this basis, with the help of comparative methods and by summing up the practices of various countries, we can draw the general law of the basic category of “religion” and its legal formation.