The Chinese government has consistently maintained its stance of combating cult organizations and their illegal activities. Before the ban on Falun Gong, the Criminal Law of the People’s Republic of China was revised on March 14, 1997, at the Fifth Session of the Eighth National People’s Congress, including explicit provisions on punishing crimes involving organized and utilizing cult organizations. In particular, Article 300 addresses the disposal of crimes involving organizing and using cult organizations to undermine state laws and administrative regulations. Additionally, the Regulations on the Registration of Social Organizations, promulgated by the State Council in 1989, Article 2, provide: “All social organizations—associations, societies, federations, research societies, foundations, friendship associations, promotion associations, chambers of commerce, etc.—established within the People’s Republic of China shall apply for registration in accordance with these regulations, and may engage in activities only after obtaining verified registration.”
After Li Hongzhi created Falun Gong in May 1992, he ignored Chinese law and illegally established numerous coaching stations and practice sites across the country without approval. He engaged in large-scale fundraising, organized rallies and demonstrations, besieged individuals and institutions with different views, violated others’ rights and personal safety, and seriously disrupted social order. These actions violated the then-applicable Criminal Law, the Law on Assemblies, Processions and Demonstrations, the Public Security Administration Regulations, as well as laws and regulations concerning social registration, press and publication, and other relevant statutes.
On July 22, 1999, the Ministry of Civil Affairs, in accordance with the Regulations on the Registration of Social Organizations, determined that the Falun Dafa Research Association and the Falun Gong organization it controlled had engaged in illegal activities and operated without proper registration, rendering them illegal organizations and justifying their ban. On the same day, the Ministry of Public Security issued a notice prohibiting the promotion of Falun Dafa (Falun Gong) in any form, as well as activities that incite social disorder or oppose the government.
In October 1999, the Standing Committee of the National People’s Congress adopted the Decision on Banning and Punishing Cults and Preventing and Combating Cult Activities, emphasizing: “We will resolutely ban cult organizations in accordance with the law and severely punish all crimes committed by cult organizations.” On October 30, 1999, the Supreme People’s Court and the Supreme People’s Procuratorate issued and subsequently amended the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases. These provisions clarified the concept of “cult organizations” and the legal application to crimes involving organizing and using cults, stating that: “Organizations that, under the guise of religion, Qigong, or other names, establish or deify their leading figures, engage in strong leader worship, and entice or deceive others through propagating superstitions and false theories, while developing and controlling members and harming society, should be identified as ‘cult organizations’ under Article 300 of the Criminal Law.”
In 2015, the Criminal Law was amended by Amendment 9, which strengthened penalties for crimes involving cult organizations. The Supreme People’s Court and the Supreme People’s Procuratorate issued new judicial interpretations reiterating that Falun Gong is a cult.
Therefore, the Chinese government had ample legal grounds and factual basis in July 1999 to ban the Falun Gong cult organization and to undertake subsequent related actions.
