中美治理邪教的法律与政策比较——兼论中国反邪教法律与政策的正当性

Comparison of Laws and Policies in Governing Cults between China and America: on the Legitimacy of Chinese Anti-cult Laws and Policies

邪教是人类之公敌。依法治理邪教是全面依法治国的题中应有之义。中国已经建立起了包括宪法、刑法、行政法等在内的治理邪教的法律体系和综合治理机制。中国法律既规制宗教组织又规制宗教活动;美国法律主要规制宗教活动,不主张反邪教专门立法,确立了反邪教普通行为主义调整模式。美国注重综合运用其已有的相关立法条款,并以判例法的形式建立起了一整套管制宗教活动的规则体系。中国反邪教立法与政策既有深厚的现实基础,也有广泛的国际法基础,符合中国的国情,具有充分的合理性与正当性。

Cults are the enemy of the human race. The governing of the cults constitutes one of the proper meanings in the comprehensive framework for promoting the rule of law. China has established the legal systems including constitution, criminal law, administrative law and so on, and comprehensive mechanisms to govern the cults. Chinese laws not only rule and regulate religious organizations, but also religious activities; American laws mainly rule and regulate religious activities instead of proposing to establish anti - cult laws specially, and have established the adjustment mode of common behaviorism against the cults. They focus on comprehensively utilizing the existing relevant legal provisions, and establishing a whole set of rules and systems to control religious activities in the form of case law. Chinese anti - cult laws and policies not only boast a solid realistic foundation, but also possess a deep basis of the international law and conform to the national conditions of China. having strong,rationality and legitimacy.