| Destructive/Illegal cult is an ancient subject in the social system of our country on a historical basis.There are many countermeasures recorded in ancient books such as “Rites”,“The Criminal Annals”,“Codes of Tang Dynasty” and “Codes of Qing Dynasty” to deal with destructive cult crimes.On the other hand,it is also an important issue in contemporary international society.France has managed a concerted effort toward it comprehensively;The United States,known as “kingdom of destructive cults”,has poised to behave unequivocally;Japan has improved laws in time;And little can prevent the damage caused by destructive cults in China although the public power has extensively governed it.It is not difficult to observe that there is a fundamental difference about destructive cult at home and abroad.Since the World WarⅡ,especially in the 1960 s and 1970 s,the prevalence of new religion movements(NRMs)have grown steadily overseas in which encourage the growth of criminal organizations that in a sense is only the part of the new religion.However,the contemporary destructive cult in China which is often a mixture of the groups inherited from the past and crime organizations in the new religion movements of foreign countries is not religion.Therefore,the way to govern effectively the destructive cult in China should not only base the decision-making on objective actualities of domestic history,but also draws lessons and absorbs the effective experiences from foreign countries.In view of this,the study selects the United States,France,Japan,and China as samples(for details of the sample selection,see the content of the third section of the introduction),adopting comparative research methods,content analysis methods,multidisciplinary methods,historical analysis methods,and quantitative analysis methods.The paper explores their similarities and differences from the perspective of government and civil society by reviewing the history,current situation and countermeasures of destructive cult in different countries of our time,and then tries to find out the latent factors that affect the decision-making in order to picks out the experiences that suit our country.This paper is composed of eight parts.The main findings are as follows: firstly,it draws that there is a fundamental difference between the destructive cult in China and foreign countries after the analysis and comparison of the basic theories.Secondly,it reflects that the current destructive cult groups in China are still in a significant scale and reactionary characteristics through the latest data extracts while the cult-like organizations in foreign countries are numerous,but in a small size.Thirdly,the governance of foreign destructive cults presents the remarkable strength of American civil,the effectiveness of comprehensive French governance and the rapid and well-documented nature of Japan’s promulgation of laws.Fourthly,the prevention and control of destructive cults in our country is dominated by public authorities,especially the system of politics and law,and there is an obvious shortage of Nongovernment power.In addition,after the investigation of 1,000 legal judgment documents on destructive cults,it indicates that the overwhelming majority cases were convicted by article 300 of the penal code;criminal second-instance appeal case maintained the original verdict and the criminals were mainly sentenced to about 3 years of imprisonment that generally can be commuted,etc.Finally,combined with the appropriate experiences of those foreign countries,the study constructs a fine governance model that is built on the basis of comprehensive approach covering the fields of law,society,culture,economy,politics,and international community under the perspective of perfectibility and innovation. |
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