Using superstition to violate the law to implement the filing standard

The crime of using superstition to undermine the implementation of laws refers to the act of undermining the implementation of laws, administrative regulations and state regulations in a superstitious way, affecting public order or causing adverse social impact. This is a criminal act that endangers social stability and should be punished by law.

According to the provisions of Article 124 of the Criminal Law of People's Republic of China (PRC), the criteria for filing the crime of breaking the law by superstition mainly include the following aspects:

1. Elements of behavior: A criminal suspect must commit acts that undermine the implementation of the law, such as using superstitious methods to interfere with and undermine the implementation of the law in terms of sacrifice, divination, medical treatment and exorcism.

2. Subjective elements: the criminal suspect must have the subjective intention of intentionally or knowing that it is a crime, that is, the criminal suspect must know that his behavior is illegal, but he still deliberately implements it.

3. Degree of social harm: the criminal suspect's behavior must have a certain degree of social harm, such as causing bad social impact or affecting public order.

4. Objective results: The criminal suspect's behavior must have certain objective consequences, such as affecting public order and causing adverse social impact.

To sum up, the criteria for filing the crime of using superstition to undermine law enforcement mainly include behavioral elements, subjective elements, social harm and objective results. If the criminal suspect's behavior meets the above standards, then he should be punished by law.

Legal basis:

Article 2 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Cases of Organizing and Using Cult Organizations to Destroy Law Enforcement.

Whoever organizes or uses a cult organization to undermine the implementation of state laws and administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years in accordance with the provisions of the first paragraph of Article 300 of the Criminal Law, and shall also be fined: (1) establishing a cult organization, or resuming or establishing a new cult organization after banning the cult organization; (2) Gathering people to surround, attack or plunder state organs, enterprises and institutions or public places and places for religious activities, thus disturbing social order; (three) illegal assembly, procession and demonstration, disrupting social order; (4) forcing others to join or prevent others from quitting a cult organization by violence, coercion or other means; (5) Organizing, inciting or deceiving members or others to fail to perform their legal obligations; (six) the use of "pseudo base stations", "black broadcast" and other radio stations (stations) or radio frequencies to promote cults; (7) Having been investigated for criminal responsibility for engaging in cult activities or having been subjected to administrative punishment for two years; (eight) the development of more than 50 cult organizations; (nine) raising funds or causing economic losses of more than one million yuan; (10) Propagandizing cults with money as the carrier, and the number is more than 500 (pieces); (eleven) the production and dissemination of cult propaganda materials meet one of the following quantitative standards: 1. More than one thousand copies (sheets) of leaflets, drawings, pictures, slogans and newspapers; More than 2.250 books and publications; 3. More than 250 kinds of audio-visual products such as audio tapes and video tapes; More than 4.250 signs and marks; 5. More than 0/00 kinds of removable storage media such as CD-ROM, USB flash drive, memory card and removable hard disk; 6 banners, with more than 50 banners. (12) using the communication information network to propagate cults, in any of the following circumstances: 1. Production and dissemination of more than 200 electronic pictures and articles, more than 50 kinds of electronic books, periodicals and audio-visual, or more than 5 million words of electronic documents and more than 250 minutes of electronic audio-visual; 2. Editing and sending messages and calling 1000 times or more; 3. Use chat rooms with cumulative online users 1000 or more, or social networks such as communication groups with cumulative account numbers 1000 or more such as group members and followers, WeChat and Weibo to promote cults; The cult information has actually been clicked and viewed more than 5000 times. (13) Other serious circumstances.