フランスにおけるセクト対策の変遷とライシテのゆくえ : セクト規制特別法の制定をうけて

概要

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In France the law of June 12th was established last year, which is the first law directly aimed at "sectes" (cultes in English), while the law give no definition of "sectes". As a matter of fact, the movement of "sectes" have been concerned by the French government. By this law any kind of association will be punished and dissolved because of the violation of human rights and public order and the crime of "mind control". The crime of "mind control" is a new crime, and this is the most controversial point about this law because the concept of "mind control" is so vague that public authority might make arbitrary interpretation. On the other hand, in Japan, "the religious corporation law" was amended in 1995 due to the sarin affair by "Oumu sinrikyo". The new law give the power to the public authority to check the book of corporation and to question to corporation. Both laws face the same constitutional problems; if each law violates the principle of the separation of state and religion, religious freedom, and freedom of association. This thesis will examine these points.