| Since the reform and opening up,more than 40 years of anti-cult work has achieved fruitful results,but the problem of cult crimes is still serious.According to the case statistics of China Judgment Document Network,in the past decade,there have been 3,000 cult-related cases,of which Fa Lun Gong and Almighty God are still in high incidence,and cult cases such as Disciple Cult,Blood Spirit Cult are also frequent.In the context of Xi Jinping’s proposal to rule the country in full accordance with law,the study of the rule-by-law governance of cults is the focus of this article.This article mainly uses literature analysis and empirical research methods,studydomestic and foreign literature,and analyzes the cult-related cases of China Judgment Document Network in the past decade.At the same time,I went to the frontline of anti-evil work to carry out research,mainly to interview the staff of grass-roots governments,police,courts,prisons and other families of believers,understand the situation of anti-evil work at the grassroots level,and analyze the current problems of anti-evil work,learn from foreign governance experience,and put forward ideas to improve China’s cult governance mechanism.This article is divided into five parts:The first part discusses the background and significance of this research,understands the current research status at home and abroad,and explains the core concepts and applicable theories.The second part,on the basis of self-built database and empirical research,analyzes the development characteristics and harms of China’s current cults from a multi-dimensional perspective.At present,new characteristics of cult organizations appear in organizational characteristics,personnel composition and behavior methods;the actual harm of cults is mainly discussed from the perspective of the government,the public and believers.The third part reviews the history of China’s cult governance since reform and opening up.It divides the stage of cult governance since reform and opening up into: special action stage,legal perfection stage,and legal governance perfection stage;at the same time,it studies the difficulties faced by China ’s cult governance: The anti-evil legislation is single,the entity is more important than the procedure,the administrative law enforcement lacks initiative,and the public security evidence is difficult.The conviction and sentencing of the court and the reform of the prison still need to be improved.The anti-cult association and the network anti-evil need to be improved.The fourth part,through the practical research on the governance outside the territory,from the foreign legislation,law enforcement,judicial,law-abiding practice research,and summarizes the foreign practical experience.The fifth part analyzes the current path of cult governance in China,and proposes that cult governance should follow the following basic principles: adhere to the party’s leadership and safeguard the constitutional authority,adhere to the principle of unity of power and responsibility and due process,and adhere to the principles of openness and power restriction,Adhere to the principle of putting people first and guaranteeing human rights,and insisting on proceeding from the actual conditions of the country.At the same time,the author proposes specific countermeasures from the perspective of legislation,law enforcement,justice,lawabiding and international cooperation. |