On Crime Of Heresy

This dissertation is mainly to explore the contributing factors controls of crime of heresy and how the criminal legislations of specialized crime of heresy run counter to the justifiability and modesty of criminal law. Based on the current national conditions, most of the discussions are conduced in a comprehensive way synthesizing historical comparative cultural methods. In it, the author poses the substantial questions to his best, and gives each a tentative answer. In a word, the author hopes all the questions and answers are abundant in challenge, and hopes to do some contributions to controlling crime of heresy in theory.This article is divided into three parts. Part I is to generally relate the definition characteristics and contributing factors of the heretical organization. In this part, the heretical organization is defined as a religion that negated by the dominant society for it openly violates the laws and seriously infringes upon human rights. Which has four basic characters such as adoring the founder, propagating the dooms day, seeking evil purposes, openly violating the laws and seriously infringing human rights. The author makes a synthetic analysis of the contributing factors of heresy in the contemporary China from social religious and human aspects, which provides the support for the later parts. Part II is to give a criminological analysis of crime of heresy. In this part, the author firstly probes the definition extent and characters of crime of heresy, and then through the legislative comparisons concerning anti-heresy between China and Western countries, illustrates the crime of heresy mainly from the norm and value. Additionally, the author holds that stipulating crime of heresy in the penal code is the result of overcriminalization, which runs counter to the criminal law's justifiability and modesty. Such a conduction may lead to abusing the power of penalty. As a home of the whole narration, Part III is to explore thecountermeasures of crime of heresy. The author believes that the comprehensive non-law-counter measures are the fundamental counter measures. Making Anti-heresy law and banning "heretical organization" are necessary to control the heresy. But, taken the religiousness into account, the penalty ought to be avoided.