德國政教關係之研究

A Study of Church-State Relations in Germany

德國有長期政教合一、以教領政之歷史傳統，今日之教會保有完整之典章制度，和綿密之組織；政教分立之後，國家落實補充性原則，與教會簽訂各式之政教協定，保障教會財產，以及教會與政府共同執行部分公共事務，在德國基本法之保障下，其他宗教亦逐步享有基督宗教源自傳統之特權。整體而言，德國之政教關係不是嚴格之分離，而是溫和之分立，有各自獨立決定之領域，也有共同交集之處，主要是以和諧友善互助之方式，提供教徒及社會大眾帶有信仰色彩之福利民生給付。

Germany has a long historical tradition of Caesaropapism with respect to the Roman Catholic Church. Today, the Church maintains its own complex system of laws and a hierarchical organization. With the founding of the Weimar Republic in 1918, the national constitution adopted in 1919 provided that there should be no state church but guaranteed freedom of religion. The state government followed a principle of complementarity and signed various political and religious agreements with the Church to protect Church property while supporting Christian churches generally through a church tax (Kirchensteuer) and various payments covering social services provided by the Church (schools, hospitals, orphanages, etc.) Under the protection of the German Basic Law, other religions also enjoy the same privileges granted to Christians. According to Article 4: “Freedom of faith and of conscience, and freedom to profess a religious or philosophical creed, shall be inviolable.” In general, church-state relations in Germany are not strictly segregated, but only moderately separated. There are areas of independent determination as well as points of common interests as well. Mainly, in the spirit of harmony, friendship, and mutual assistance, through the German Basic Law the state seeks to provide believers and the public in general with the positive benefits of social welfare.