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Research On Preventing And Handling Cult Crimes Legislation

Posted on:2021-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q J YinFull Text:PDF
GTID:2416330629950950Subject:Police service
Abstract/Summary:PDF Full Text Request
China was plagued by cult issues from the 1970 s to the 1990 s.With the deepening of the concept and practice about governing the country according to law,the issue of governing cults according to law has also become a social consensus.The provisions in our law that deal with cult issues first appeared in Article 300 of the 1997 Criminal Law.The amendment to the Criminal Law of the People's Republic of China in 2015(9)modified and improved the legal provisions to make them more realistic.In the field of individual criminal law,on October 30,1999,the Twelfth Meeting of the Ninth National People's Congress Standing Committee reviewed and approved the "Decision on Banning Cult Organizations,Preventing and Punishing Cult Activities",which pointed out the direction for China to prevent and deal with cults in accordance with the law.There are also provisions on punishing cult activities in other laws and regulations,and The Supreme People's court of the People's Republic of China and The Supreme People's Procuratorate of the People's Republic of China also issued judicial interpretations for handling cult-type cases.In general,China's legal system is characterized by using state coercive force to ban cult organizations and punishing illegal and criminal cult activities.However,these laws and regulations are relatively fragmented and do not form a complete system.Therefore,they are sometimes restricted in the work of preventing and handling cult issues,and cannot achieve the organic unity of social and legal effects.This article starts with the current situation of legislation on the prevention and treatment of cult crimes in China,combining domestic and foreign theoretical perspectives and practical experience on legislation in this field,explained the concept and legal connotation of preventing and handling cult crime from the perspective of jurisprudence.It further expounds its rationality from the perspectives of advancing the rule of law in a comprehensive manner,realizing the modernization of the national governance system and governance capacity,and guaranteeing the basic rights of citizens.From the perspective of the influence of cult issues on China's national security and social stability,and the current legal norms in preventing and handling cult crimes,the necessity of legislation to prevent and handle cult crimes is analyzed.China's legislation to prevent and deal with cult crimes can actively learn from the advanced experience of othercountries in the world.For instance,France has introduced special laws,the United States has severely punished violations,Japan has focused on specific legislation for specific issues,and Russia has paid attention to preventing cults before they arise.Finally,the author combines practical experience and theoretical research.The main contents of China's legislative work to prevent and deal with cult crimes are conceived from specific angles in accordance with the ideology of the socialist rule of law with Chinese characteristics in the new era,highlighting the role of the preventive function in social governance,and enhancing the effectiveness of criminal means in combating crime.I hope that my humble opinion can provide a reference for China's legislative practice in preventing and handling cult crimes.
Keywords/Search Tags:cult, prevent and handle cult crimes, legislation
PDF Full Text Request
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