庙财产向为我国固有法所规范,但法律地位始终未能得以明确。固有法中的定义缺位,导致从司法改革以后,在民国初年的立法及司法实践中,庙产的法律地位始终居于不确定状态。作为一种在司法实践中无法回避的问题,庙产最终逐渐通过判例取得其在立法中无法明确的法人地位。其间涉及的定义演变将以本文作初步讨论。 Temple property to China's inherent law norms, but the legal status has not been able to be clear. The lack of definition in the inherent law led to the fact that the legal status of the temple property has always been in an uncertain state since the judicial reform and in the legislative and judicial practice in the early Republic of China. As a problem that can not be avoided in the judicial practice, the temple property gradually obtains its legal status that can not be clearly defined in the legislation through the case law. The definitions of evolution involved in this paper will be the initial discussion of this article.