Judicial Dilemma and Improvement Path of Non-Prosecution or Non-Penalization for Cult Crimes — A Perspective on Article 9, Paragraph 1 of the Judicial Interpretation on Cult Crimes

Yujie Li

doi:10.54254/2753-7102/9/2024075

Research Article

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Published on 8 July 2024

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Li,Y. (2024). Judicial Dilemma and Improvement Path of Non-Prosecution or Non-Penalization for Cult Crimes — A Perspective on Article 9, Paragraph 1 of the Judicial Interpretation on Cult Crimes. Advances in Social Behavior Research,9,1-8.

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Judicial Dilemma and Improvement Path of Non-Prosecution or Non-Penalization for Cult Crimes — A Perspective on Article 9, Paragraph 1 of the Judicial Interpretation on Cult Crimes

Yujie Li *^,1,

¹ SouthWest Petroleum University

* Author to whom correspondence should be addressed.

https://doi.org/10.54254/2753-7102/9/2024075

Abstract

Through judicial interpretation, China has established a legal basis for the non-prosecution or non-penalization of cult crimes. This is a systemic arrangement based on the particularity of cult crime governance, with rational applicability and in line with the governance logic of belief-based crimes. However, due to the sensitivity of cult crimes, judicial authorities still prefer strict control over the extent of sentencing concessions for individuals with potential criminal liability. Being prosecuted has become the mainstream in current judicial practice, which is related to cognitive biases among judicial personnel regarding cult crimes, the low application standards for non-prosecution or non-penalization, and insufficient institutional supply. It is necessary to improve the top-level design, raise the application standards, establish evaluation mechanisms, and explore cooperation in education and transformation to optimize the non-prosecution or non-penalization work for cult crimes.

Keywords

cult crimes, non-prosecution or non-penalization, incentives, evaluation, education and transformation

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References

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Series: Advances in Social Behavior Research

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ISSN：2753-7102(Print) / 2753-7110(Online)

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