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Resolution of the Standing Committee of the National People's Congress of the People's Republic of China on Banning Heretic Cult Organizations, Guarding against and Punishing Heretic Cult Activities [Effective]
中华人民共和国全国人民代表大会常务委员会关于取缔邪教组织、防范和惩治邪教活动的决定 [现行有效]
【法宝引证码】
 
  
  
Resolution of the Standing Committee of the National People's Congress of the People's Republic of China on Banning Heretic Cult Organizations, Guarding against and Punishing Heretic Cult Activities
(Adopted at the 12th Session of the Standing Committee of the National People's Congress on October 30, 1999)
To maintain social stability, protect the interest of the people, safeguard the reform and opening up and the construction of a modern socialist country, it is necessary to ban heretic cult organizations, and guard against and punish cult activities. Based on the Constitution and other related laws, the following decision is hereby made:
 中华人民共和国全国人民代表大会常务委员会关于取缔邪教组织、防范和惩治邪教活动的决定
(1999年10月30日第九届全国人民代表大会常务委员会第12次会议通过)
为了维护社会稳定,保护人民利益,保障改革开放和社会主义现代化建设的顺利进行,必须取缔邪教组织、防范和惩治邪教活动。根据宪法和有关法律,特作如下决定:
1. Heretic cult organizations shall be resolutely banned according to law and all of their criminal activities shall be dealt with severely. Heretic cults, operating under the guise of religion, Qigong or other illicit forms, which disturb social order and jeopardize people's life and property, must be banned according to law and punished resolutely. People's courts, people's procuratorates, public security, national security and judicial administrative agencies shall fulfill their duties in carrying out these tasks. To be severely dealt with according to law are those who manipulate members of cult organizations to violate national laws and administrative regulations, organize mass gatherings to disrupt social order, and fool others, cause deaths, rape women, swindle people out of their money and property or commit other crimes with superstition and heresy.
 一、坚决依法取缔邪教组织,严厉惩治邪教组织的各种犯罪活动。邪教组织冒用宗教、气功或者其他名义,采用各种手段扰乱社会秩序,危害人民群众生命财产安全和经济发展,必须依法取缔,坚决惩治。人民法院、人民检察院和公安、国家安全、司法行政机关要各司其职,共同做好这项工作。对组织和利用邪教组织破坏国家法律、行政法规实施,聚众闹事,扰乱社会秩序,以迷信邪说蒙骗他人,致人死亡,或者奸淫妇女、诈骗财物等犯罪活动,依法予以严惩。
2. The principle of combining education with punishment should be followed in order to unify and instruct the majority of the deceived public and to mete out severe punishment to the handful of criminals. During the course of handling cult groups according to law, people who joined cult organizations but were unaware of the lies being spread by the groups shall be differentiated from criminal elements who organize and take advantage of cult groups for illegal activities and/or to intentionally destroy social stability. The majority of the deceived members shall not be prosecuted, while those organizers, leaders and core members who committed crimes shall be subject to criminal liabilities; those who surrender to the authorities or contribute to the investigations shall be given lesser punishments in accordance with the law, or be exempt from punishment.
 二、坚持教育与惩罚相结合,团结、教育绝大多数被蒙骗的群众,依法严惩极少数犯罪分子。在依法处理邪教组织的工作中,要把不明真相参与邪教活动的人同组织和利用邪教组织进行非法活动、蓄意破坏社会稳定的犯罪分子区别开来。对受蒙骗的群众不予追究。对构成犯罪的组织者、策划者、指挥者和骨干分子,坚决依法追究刑事责任;对于自首或者有立功表现的,可以依法从轻、减轻或者免除处罚。
3. Long-term, comprehensive instruction on the Constitution and the law should be carried out among all citizens, knowledge of science and technology should be popularized and the national literacy level be raised. Banning cult organizations and punishing cult activities according to law goes hand in hand with protecting normal religious activities and people's freedom of religious belief. The public should be exposed to the inhumane and anti-social nature of heretic cult organizations so they can knowingly resist the influence of cult organizations, enhance their awareness of the law and abide by it.
 三、在全体公民中深入持久地开展宪法和法律的宣传教育,普及科学文化知识。依法取缔邪教组织,惩治邪教活动,有利于保护正常的宗教活动和公民的宗教信仰自由。要使广大人民群众充分认识邪教组织严重危害人类、危害社会的实质,自觉反对和抵制邪教组织的影响,进一步增强法制观念,遵守国家法律。
4. All corners of the society shall be mobilized in preventing and fighting against cult activities, and a comprehensive management system should be put in place. People's governments and judicial bodies at all levels should be held responsible for guarding against the creation and spread of cult organizations and combating cult activities. This is an important, long-term task that will ensure social stability. 四、防范和惩治邪教活动,要动员和组织全社会的力量,进行综合治理。各级人民政府和司法机关应当认真落实责任制,把严防邪教组织的滋生和蔓延,防范和惩治邪教活动作为一项重要任务长期坚持下去,维护社会稳定。
     
     
【法宝引证码】        北大法宝www.lawinfochina.com
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