宗教的刑法保护与规制

Criminal Protection and Criminal Regulation of Religion

我国刑法中的"非法剥夺公民宗教信仰自由罪"可谓对宗教的保护,而"组织、利用会道门、邪教组织、利用迷信破坏法律实施罪"等罪名则可以说是对宗教的规制。实证研究表明,前者在司法实践中适用得不多,而后者则适用得比较频繁。

The offence of illegally depriving citizens of religious belief in Criminal Law is intended to protect the freedom of religion, while that of forming or using superstitious sects or secret societies or weird religious organizations or using superstition to undermine the implementation of the laws and administrative rules and regulations of the State focuses on the regulation of religion. Empirical researches have shown that on the contrary to frequent application of the latter, the former is rarely applied in practice. This article concludes that criminal protection and regulation of religion is not a pure issue of criminal law at all and closely related to constitutional ecology and freedom of association and publication in any country.