Zhang Xiaochen: Research on Improving the Rule of Law in the Management of Internet Religious Affairs
National security is the bedrock of national rejuvenation, and social stability is the prerequisite for a strong and prosperous country [1]. In recent years, internet sites, applications, online forums, public accounts, instant messaging tools, and live-streaming platforms involving religious content have emerged in rapid succession. This has provided potent conditions for the dissemination of the Party's religious policies and for religious groups and organizations of believers to participate in online religious activities. At the same time, however, some organizations and individuals have utilized these web media outlets under the guise of religion to engage in illegal fundraising and other activities, harming the physical and mental health of the masses as well as their property security. Some have published remarks online that violate the Party’s religious policies, inciting religious fanaticism and affecting social harmony and stability; others have used the internet to propagate religious extremism, damaging our country's ethnic unity and political stability. It is evident that internet religious affairs concern issues of national security and social stability. Whether internet religious affairs are handled well bears upon the prosperity of the state and the rejuvenation of the nation. To this end, General Secretary Xi Jinping explicitly pointed out at the 2021 National Conference on Religious Work that we must "strengthen the management of internet religious affairs" [2].
I. Correct Understanding: The Importance of Internet Religious Affairs Management
(1) What is the management of internet religious affairs?
At present, academia is engaged in extensive discussion regarding the conceptual distinctions between "internet religion" and "cyber-religion," "internet religion" and "internet religious information," and "internet religious affairs" and "internet religious management." Synthesizing existing scholarly discourse and referring to the phrasing of specific policy documents, this article contends that the management of internet religious affairs refers to the administrative management conducted by the government, in accordance with the Constitution and relevant laws, regulations, and rules, over individuals or organizations engaged or participating in internet religious behaviors and activities. The subjects of internet religious affairs management are the relevant government departments, while the objects are the individuals or organizations engaged or participating in internet religious behaviors and activities. The process of internet religious affairs management involves bringing these affairs within the scope of corresponding laws, regulations, and policies to gradually realize the standardization of internet religious conduct. On one hand, this is to protect the legitimate rights and interests of the religious circles, the broad masses of believers, and non-believers alike, and to give full play to the positive role of religious groups in internet religious matters. On the other hand, it is to resolutely stop any organization or individual from using internet religion to engage in illegal activities, resolutely curb the use of internet religion for extremist activities, resolutely resist the use of internet religion for infiltration activities, and resolutely crack down on the use of internet religion for criminal activities. It is thus clear that the management of internet religious affairs falls under the category of religious work, and its ultimate objective is to safeguard the overall interests of the state and the nation.
(2) The correlation between internet religious affairs management and national security and stability
The management of internet religious affairs possesses political, cultural, social, and technical characteristics; these multidimensional traits cause it to involve multiple fields of national security.
First, the management of internet religious affairs concerns the political security of the state. Internet religious groups are specific social groups characterized by religious belief as their bond, the internet as their fundamental vehicle, and engagement in internet religious behaviors as their primary feature. Internet religious groups differ significantly from traditional religious groups in terms of member composition, member relations, and member interaction; the two cannot be directly equated. For instance, members of traditional religious groups do not necessarily participate in internet religious activities, and the relations of rights and obligations among members of internet religious groups are not explicitly defined, with interactions often taking a more casual form. Such a dispersed and less formalized group structure inevitably increases the difficulty of managing internet religious affairs. Once certain internet religious groups express political stances or put forward political demands based on religious viewpoints, they become a political force and a key focus for religious affairs management. General Secretary Xi Jinping explicitly noted: "Our country's Constitution and laws guarantee the right of citizens to believe in religion, but we must remain vigilant against the danger of religious infiltration and vigilant against religious demands carrying political intent" [3]. This is because such matters directly affect the political security of the state.
Second, the management of internet religious affairs concerns the ideological security of the state. Religion itself is a form of ideology. Broadly speaking, internet religion is the dissemination and flow of this religious ideology on the internet. Managing internet religious affairs requires performing effective ideological work, upholding the guiding position of Marxism in the ideological sphere, and earnestly safeguarding national ideological security. On one hand, we must provide guidance according to the circumstances and leverage existing momentum. We should utilize internet platforms to actively publicize the Party's basic principles and policies on religious work as well as the theory of religion with Chinese characteristics, "letting the correct voice take the lead" [4]. On the other hand, we must maximize advantages while minimizing disadvantages. We must prevent a small number of Western countries from using internet religion to smuggle in Western "universal values" [5] to implement strategies of "Westernization" and "differentiation" against our country. We must prevent hostile forces from using internet religion for infiltration—carrying ideologies of ethnic separatism, terrorism, and extremism—to incite religious fanaticism and impact or even distort the correct perceptions and value judgments formed by Chinese netizens under the influence of the mainstream ideology. We must also prevent those with ulterior motives from using religion-related online public opinion to criticize or even smear China, or to incite Chinese believers to attack the Party’s leadership and the country's systems and policies.
Third, the management of internet religious affairs concerns the social security of the state. Religion is not only an ideology but also a social entity. Religious work is a form of social management. Because internet religion moves religious organizations, rituals, and venues online, religious activities can now be conducted both online and offline. Some individuals or organizations further use internet religion to break the boundary between the "virtual" and the "real," organically linking online and offline religious behaviors. This means that internet religious affairs management is an essential component of social governance. In essence, it is a form of mass line work that safeguards the legitimate rights of both believers and non-believers, creates harmonious and stable religious relations and ethnic unity for the people, and builds a harmonious, safe, and stable social environment. This work must both give full play to the positive role of religious circles—encouraging them to use the internet to transmit normal religious information—and maintain timely attention to online public opinion regarding religion. It requires analyzing and judging religious hotspots and sensitive issues online, properly handling nascent problems where the guise of internet religion is used to interfere with the order of people’s work and lives or where religious terminology is misappropriated or distorted for superstitious activities. It also requires a severe crackdown on activities where lawbreakers, under the cover of online "scripture teaching" or "preaching," undermine social order or endanger the life and property of the masses. We must effectively prevent hostile forces from using internet religion for infiltration, secessionist, or subversive activities against our country, proactively resolving and controlling the corresponding social risks to earnestly safeguard social security.
In general, the management of internet religious affairs is a task that requires a multi-dimensional perspective, a three-dimensional view, and systems thinking. Within the specific scope of work, it involves multiple national security fields such as political security, ideological security, and social security. Therefore, whether viewed from total objectives or fragmented tasks, the management of internet religious affairs is a vital undertaking for maintaining national security and stability.
II. Climbing Capacity in Internet Religious Affairs Management: Formation of Policy Frameworks and Legal Follow-up
In the mid-1990s, China began to enter the internet era. From this period, internet religion began to emerge in China. In 1998, the website "Jiezhuang Buddhist Education Net" (the first domestic website hosted by a monastery), launched by the Xiyuan Temple in Suzhou, came to public attention, marking the beginning of internet religion in China. Consequently, the issue of managing internet religion arose. Over the past twenty-odd years, internet religious affairs have gone through a journey from identifying the problems to the basic formation of a policy framework, and from starting at ground zero to the step-by-step advancement of legal construction.
(1) Four-party linkage: The basic formation of the policy framework for internet religious affairs management
Given the importance of the internet religion issue, China has gradually constructed a policy framework for internet religious affairs management characterized by Party leadership, government management, social coordination, and religious self-discipline.
Advocating social coordination, identifying problems, and building consensus. At the beginning of the new century, Jiang Zemin was the first to mention the problem of internet religion from the perspective of maintaining national political security and preventing religious infiltration. He pointed out that the internet is one of the means and methods used by certain organizations to conduct religious infiltration against our country. Regarding how to respond and prevent this, he provided a solution: strengthening investigation and research, paying particular attention to "the impact brought to our country's religious work by new situations such as the rapid development of the internet," and, on the basis of summarizing and analyzing the investigation results, "formulating response measures as early as possible" and "continuously improving relevant policies and regulations" [6] to seize the initiative in managing internet religious affairs. Regarding specific policies, in 2002, the CPC Central Committee and the State Council issued the Decision on Strengthening Religious Work, which required that "staff in publishing, arts, broadcasting, film and television, the internet, and other units and their management departments should study the Party's religious policies and master basic knowledge of religion." The goal was to mobilize all sectors of society, pool the strength of the broad masses of netizens, and enhance their political discernment and security sensitivity to build social consensus for internet religious affairs management.
Emphasizing government management, multi-departmental coordination, and extensive absorption of experience. The management of internet religious affairs not only falls under the category of religious work but also spans the fields of the internet, security, and information. Thus, this work requires coordinating multiple departments to work in concert; conducting specific policy research and development on the basis of investigation and research; extensively absorbing domestic and foreign experience; and advancing in an orderly manner. In July 2015, the State Administration for Religious Affairs (SARA) organized a symposium on the management of online religious affairs, where heads of religious work departments from seven provinces (regions or municipalities) exchanged work experiences. In November of the same year, SARA, in conjunction with several departments, formed a joint research team to go to Guangdong to conduct research on strengthening the management of online religious affairs, further exploring effective experiences and practices. Subsequently, five departments—SARA, the Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the Ministry of State Security—jointly issued the Opinions on Strengthening the Management of Online Religious Affairs, providing a practical basis for the management of internet religious affairs. Furthermore, given the "borderless" nature of the internet, China has actively absorbed foreign management experience in the internet field to optimize the drafting of relevant policies. General Secretary Xi Jinping has stated at international conferences on multiple occasions that he hopes to establish an international internet governance system [7] characterized by mutual communication and mutual learning, providing a favorable international environment for internet religious affairs management.
Strengthening Party leadership, broadcasting the Party's voice, and seizing the strategic initiative. In 2016, General Secretary Xi Jinping explicitly proposed the concept of "internet religion" at the National Conference on Religious Work and emphasized: "Attach great importance to the problem of internet religion, vigorously publicize the Party's religious theories and principles and policies on the internet, and disseminate positive voices" [8]. This clarified two points: first, that the management of internet religious affairs is a task carried out under the leadership of the Party, relying on the Party's religious theory and principles; second, that we must be adept at exploring and utilizing internet resources to provide a platform for theoretical guidance and a channel for the publicity of specific policies and regulations. To further strengthen the intensity of Party leadership, in March 2018, the CPC Central Committee issued the Plan for Deepening Reform of Party and State Institutions, which merged the State Administration for Religious Affairs into the Central United Front Work Department. This strengthened the Party's centralized and unified leadership over religious work and the management of internet religious affairs. In 2021, at another National Conference on Religious Work five years later, General Secretary Xi Jinping focused his attention on management issues. The emphasis shifted from "attaching great importance to the problem" five years prior to "strengthening the management of internet religious affairs." This shift indicates both that internet religious affairs have been effectively brought onto the track of managing religious affairs according to the law and, from the level of Party leadership, that the current intensity of internet religious affairs management is still insufficient and needs further reinforcement to seize the strategic initiative.
Proposing religious self-management and forming religious self-discipline.
The religious community is one of the primary subjects of internet religious affairs management. General Secretary Xi Jinping once pointed out that it is necessary to "improve the level of self-management within the religious community." Therefore, to effectively carry out the management of internet religious affairs, the religious community needs even more to "strengthen self-education, self-management, and self-restraint" [15]. Religious organizations must strengthen their own internal development and cultivate religious self-discipline. On one hand, the religious community should clearly recognize that the management of internet religious affairs is an implementation of the policy of freedom of religious belief, rather than a restriction, obstruction, or disregard for the normal religious needs and legitimate rights of the religious masses. The religious community should make full use of portal websites, social media platforms, and mobile apps to provide legal internet religious information to the religious masses and satisfy their normal religious needs. On the other hand, the religious community must understand that the internet is by no means a "religious activity enclave"; internet religious affairs must be included within the scope of managing religious affairs according to the law.
(2) Starting from Scratch: The Legal Follow-up in Internet Religious Affairs Management
Rule-of-law construction is the booster for the management of internet religious affairs. In May 2015, the National Religious Affairs Administration issued the "Opinions on Strengthening the Construction of the Rule of Law in Religious Work," which proposed improving legislative requirements for religious affairs management and strengthening the rule-of-law system in a targeted manner.
First, from the perspective of national security, providing foundational legal support for the management of internet religious affairs across different fields. Between 2015 and 2016, the state successively promulgated the National Security Law of the People's Republic of China, the Anti-Terrorism Law of the People's Republic of China, and the Cybersecurity Law of the People's Republic of China. These laws clarified from various domains that the management of internet religious affairs concerns national security, and they established regulations for specific religious behaviors and activities. This not only reflects the coordination between different pieces of legislation but also provides sufficient confidence [8] for the management of internet religious affairs according to the law.
Second, improving administrative regulations and departmental rules concerning religious affairs to ensure effective linkage between internet religious affairs management and relevant laws and regulations in the field of national security. In 2017, the State Council released the newly revised Regulations on Religious Affairs, which added specific provisions regarding internet religious issues, primarily reflected in the management of internet information services and internet religious information services. Thereafter, the National Religious Affairs Administration began drafting departmental rules for internet religion. After three years and based on extensive solicitation of opinions, the National Religious Affairs Administration, in conjunction with multiple ministries, officially issued the Administrative Measures for Internet Religious Information Services (hereinafter referred to as the "Measures") in 2021. Article 14 of Chapter III of the Measures, proceeding from the level of national security, provides specific regulations for the content of internet religious information, achieving a strong resonance with the National Security Law of the People's Republic of China and other related laws. This provides targeted legal protection for the management of internet religious affairs.
Third, improving the construction of the system of intra-Party regulations, emphasizing that intra-Party work must possess both "internet thinking" and "rule-of-law thinking," achieving harmony between intra-Party regulations and state laws, and further strengthening the Party’s political leadership over the management of internet religious affairs. In 2016, the Sixth Plenary Session of the 18th Central Committee of the Communist Party of China adopted the "Certain Norms Regarding Intra-Party Political Life Under the New Situation," which pointed out the need to "strengthen ideological and theoretical guidance on the internet" [16] and to be adept at using the internet to understand social conditions and public opinion, and to listen to the voices of the masses. In 2020, the CPC Central Committee issued the revised Regulations on the Work of the United Front of the Communist Party of China, clarifying that to do religious work well, one must "be adept at using laws and regulations to standardize the management of religious affairs" and "use rule-of-law thinking and rule-of-law methods to properly handle contradictions and problems in the religious field, and educate and guide religious personages and the religious masses to consciously safeguard the authority of the Constitution and laws, and carry out activities within the scope prescribed by laws and regulations" [17]. This clarified the direction and set requirements for how to effectively carry out internet religious affairs management, and established a guarantee mechanism for consolidating the patriotic united front, safeguarding the vital interests of the people, and maintaining national security and stability.
The formation of the policy framework has provided guidance and support for the management of internet religious affairs, and the follow-up of rule-of-law construction has provided powerful legal protection. These two elements, in a "dual-wheel drive" mode, are pushing the capacity for managing internet religious affairs to steadily increase.
III. Being Mindful of Peril in Times of Peace [9]: Confronting the Practical Challenges Facing the Legalization of Internet Religious Affairs Management
Since the 18th CPC National Congress, the policy framework for internet religious affairs management has taken shape, and the construction of the rule of law has been continuously advancing. However, we must recognize that with the rapid development of information technology, internet religion has exhibited new trends: the subjects of activity are becoming more diversified and complex; communication media are proliferating; forms of dissemination are becoming more varied and stealthy; information content is becoming more precision-targeted; and the audience coverage is becoming younger. These factors have increased the difficulty of managing internet religious affairs. This requires us to build on our achievements, assess the situation, take the initiative to identify problems, confront the practical challenges facing the legalization of internet religious affairs management, and play the "first move" [10] in preventing risks and obstacles to better maintain national security and stability.
(1) Limited Quantity of Legislation; Incomplete System of Laws and Regulations
Currently, there are three state laws, one administrative regulation, and one departmental rule concerning internet religious affairs in China. Internet religion is a vast online religious world; from the perspective of the quantity of corresponding legislation alone, it remains relatively limited. Regarding legislative content, most existing laws and regulations touch upon internet religious issues only from a specific angle and lack specificity. Although the Measures have targeted significance for internet religious affairs management, this regulation revolves around "internet religious information services." "Internet religious information services" is only one field within internet religious affairs and cannot fully encompass all internet religious affairs. For example, the Measures set boundaries for internet religious information and clarify the specific content that internet religious information must not contain, but they have not yet touched upon the overall boundary issues of internet religious affairs. They provide specific regulations for internet religious information service licensing but do not yet cover other internet religious activity issues—such as regulations for the launch of religious mobile games (such as Jericho, The Order: 1886, Timothy and Titus, Virtual Muslim Life, etc.) or regulations for the operation of religious e-commerce. From the perspective of the legislative framework, there are still certain legislative gaps in internet religious affairs. For example, regarding the internet religious activities of foreigners within the territory of the People's Republic of China, there is a lack of corresponding legal provisions. Neither the Provisions on the Administration of Religious Activities of Foreigners within the Territory of the People's Republic of China (1994) promulgated by the State Council, nor the Detailed Rules for the Implementation of the Provisions on the Administration of Religious Activities of Foreigners within the Territory of the People's Republic of China (Revised Draft for Comment, 2020) drafted by the National Religious Affairs Administration, contain content in this regard. Furthermore, local regulations regarding internet religious affairs have not yet fully followed up, and the construction of related local regulatory systems is currently out of the question. This raises requirements for how to protect the freedom of religious belief of Chinese citizens while safeguarding social public interests, and how to prevent hostile elements from exploiting legal loopholes to delude netizens and create ideological confusion.
(2) Increased Difficulty in Administrative Law Enforcement and Hurdles in Implementing the Rule of Law
Because administrative law enforcement in the religious field easily touches upon deep-seated and complex social issues involving politics, ethnicity, and security, the work is highly difficult. This has resulted in some phenomena of non-compliance with the law or lax enforcement within grassroots departments. Internet religion undoubtedly increases the difficulty of administrative law enforcement. For example, the Measures explicitly stipulate under what circumstances proselytizing on the internet is prohibited. However, in the field of internet religion, the entry threshold for the subjects of proselytization has been significantly lowered; proselytizing behavior has become virtualized; "algorithmic recommendations" allow proselytizing content to precisely grasp the needs of netizens and cater to their preferences for information dissemination; and online "circles," "groups," and "stations" have provided "closed-loop venues" for proselytizing activities. These situations pose challenges to the standardized management of internet proselytizing according to the law. For law enforcement departments, the difficulty of administrative decision-making has increased. Law enforcement departments need to use internet thinking and technical means based on timely understanding and comprehensive analysis of new trends in internet religion, implement the principles that "laws must be obeyed, enforcement must be strict, and violations must be prosecuted," form correct administrative decisions, and improve the efficiency of administrative law enforcement management. For law enforcement personnel, the difficulty of performing duties according to the law has increased. Law enforcement personnel not only need to have legal awareness and be familiar with enforcement procedures, but they also need considerable knowledge of religious work principles and policies and basic common sense regarding internet religion. Regarding enforcement costs, the budget has increased. The enforcement process requires corresponding technical equipment support to obtain data support for internet-religious information; it also requires building a team of technical personnel, increasing training for administrative law enforcement personnel, and strengthening grassroots workforces to lay the necessary foundation for enforcement work.
(3) Need for Greater Efforts in Legal Outreach and Insufficient Manifestation of Rule-of-Law Concepts
Popularizing the law is the foundation of law-abidingness and the prerequisite for the rule of law. To enhance the rule-of-law concepts of individuals and social organizations, we must increase the intensity of popularizing relevant laws and regulations. Currently, in the process of legalizing internet religious affairs management, issues such as blurred responsibilities for legal outreach, inadequate interpretation of laws and regulations, and a lack of initiative in answering questions regarding key or hot-button legislative issues have emerged. This, on one hand, limits the rule-of-law concepts of social organizations regarding religion. Taking internet platforms as an example: according to the specific provisions of the Measures, internet platforms bear the primary responsibility for matters involving internet religion. However, some internet platforms in the categories of online sales, life services, social entertainment, and information news lack relevant rule-of-law concepts and remain in a state of "staying out of it." They lack the legal awareness and consciousness to fulfill their legal responsibilities in areas such as information content review, management of key functions, and standardization of account operations. On the other hand, this affects the self-management capacity of the religious community. A very small number of religious personages and a minor portion of the religious masses have occasionally exhibited misinterpretations of relevant laws and regulations, leading to online comments such as "certain regulations contradict the policy of freedom of religious belief" or "the government is effectively banning internet religion." Once these online comments are exploited and sensationalized by those with ulterior motives, it is not only detrimental to uniting the religious community and the broad religious masses and consolidating the patriotic united front but also hinders the manifestation of the "positive energy" of the religious community in supporting the management of internet religious affairs.
IV. Striving to Create a New Situation: Improving the Level of Legalization of Internet Religious Affairs Management
The management of internet religious affairs directly points to issues of national political security, cultural security, and social security; it is also a vital link in implementing "network united front work" and following the "online mass line." Facing various practical challenges, doing a good job in internet religious affairs management necessitates adhering to the path of legalization.
(1) Improving the Construction of Laws and Regulations in the Internet Religious Field to Ensure "Good Governance" of Internet Religious Affairs through "Good Laws"
Without rules, one cannot form squares and circles [11]. The purpose of legislation in the field of internet religious affairs is not to strip away or restrict the authority of religious believers to participate in online religious activities, but to guide the healthy and orderly development of internet religion. It aims to guide believers to enjoy their right to freedom of religious belief in a standardized and lawful manner, and to prevent internet religion from being exploited by hostile forces or criminals to endanger national security. Only with the construction of a complete legal institutional system can "good laws" guarantee the "good governance" of internet religious affairs.
Specifically, based on the Regulations on Religious Affairs, the religious affairs departments might consider formulating specialized administrative regulations such as the "Regulations on Internet Religious Affairs." In revising the Detailed Rules for the Implementation of the Provisions on the Administration of Religious Activities of Aliens Within the Territory of the People's Republic of China, they could add specific provisions regarding the online religious activities of foreigners within China. The cyberspace administration departments, acting under the Cybersecurity Law of the People's Republic of China and with reference to the Measures for the Administration of Internet Religious Information Services, could supplement these with more targeted departmental rules, such as "Provisions on the Administration of Information Services for Mobile Internet Religious Applications" and "Provisions on the Administration of Algorithmic Recommendations for Internet Religious Information Services." Judicial departments could further strengthen the construction of foreign-related legal and rule systems to make international rule-of-law cooperation possible and provide support for handling the dissemination of internet religious information by overseas organizations or individuals within China. Local government departments could formulate regional internet religious regulations or revise existing relevant regulations based on national-level laws and statutes, incorporating specific provisions on internet religion. Notably, some local governments have already implemented relevant measures. For example, the Shanghai Municipal Regulations on Religious Affairs (effective March 1, 2019), the Henan Provincial Regulations on Religious Affairs (effective March 1, 2020), and the Hebei Provincial Regulations on Religious Affairs (effective February 1, 2022) were all revised from their original versions to include specific provisions regarding "engaging in internet religious information services."
(2) Comprehensively advancing the construction of a rule-of-law implementation system and strengthening the legal force of internet religious affairs management.
The construction of a rule-of-law implementation system is reflected in aspects such as law enforcement, justice, and law-abidingness. First, the laws and regulations in the field of internet religion must be strictly enforced. Facing the difficulty of enforcement in this field, religious affairs departments at all levels can explore and improve through various channels such as concentrated research, symposiums, and policy document guidance. In 2016, the Shaanxi Provincial Bureau of Religious Affairs issued the "Notice on Carrying out Research on the Management of Network Religious Affairs," specifically conducting statistics and summaries of religion-related websites and social media platforms to carry out internet religious affairs management in a focused and in-depth manner based on data. In 2021, the Hangzhou Municipal Bureau of Ethnic and Religious Affairs held a special administrative enforcement work conference in the religious field, organizing ethnic and religious cadres at the city, district, and county levels alongside United Front [12] committee members from key townships (sub-districts) to brainstorm counter-strategies for solving difficult work problems. In 2022, the Tianjin Municipal Ethnic and Religious Affairs Commission issued the "Opinions on Further Strengthening Administrative Law Enforcement in Ethnic and Religious Affairs" to intensify enforcement efforts. Through these methods, enforcement departments can continuously explore the coordination of enforcement functions, the integration of enforcement resources, and the alignment of enforcement authority. Furthermore, religious affairs departments can form horizontal enforcement linkage mechanisms with departments such as cyberspace, telecommunications, public security, national security, market regulation, and culture and tourism. At the same time, vertical enforcement linkage mechanisms can be formed between religious affairs departments at different levels, bringing internet religion fully into the orbit of the rule of law.
Second, the sense of security and gain [13] among the masses regarding the rule-of-law management of internet religious affairs must be enhanced through impartial justice. Beyond ensuring that "every case is filed and every litigation is handled," it is necessary to realize public channel inquiries for every judicial link—from case filing to trial, and from judgment to execution. In particular, information-based and visual methods should be used to let the masses "see" that their legitimate rights and interests are being effectively protected.
Finally, efforts should be made to promote law-abidingness among the entire population, mobilizing the enthusiasm of the masses to support the management of internet religious affairs. According to the principle of "whoever enforces the law shall popularize the law," religious affairs departments should shoulder the responsibility of popularizing and interpreting laws and regulations in the field of internet religion. This ensures that the masses, based on their legal learning, possess the discernment to identify rhetoric and voices that confuse the public or distort laws and regulations, thereby becoming defenders of the rule of law in internet religious affairs. This allows internet platforms to develop legal awareness, consciously obey the law, and take the initiative to assume corresponding obligations and responsibilities as supporters of the rule of law. This also ensures that the religious circles possess rule-of-law concepts, becoming practitioners who understand and use the law to utilize internet religion properly and serve believers in accordance with regulations.
(3) Constructing a rigorous system of rule-of-law guarantees to provide backup for the rule-of-law management of internet religious affairs.
The leadership of the Party is the fundamental guarantee for promoting the rule-of-law management of internet religious affairs. To weave a dense net of rule-of-law guarantees, we must first strengthen the Party’s political leadership over internet religious affairs management. First, we must persist in taking the protection of the people’s legitimate rights and interests as the core. Whether online or offline, the legitimate rights and interests of the people regarding freedom of religious belief must be guaranteed. Simultaneously, efforts must be focused on resolving conflicts and disputes on the internet that affect social stability and ethnic unity, providing a clean and healthy network environment for the masses. Second, we must firmly establish an "internet frontier" consciousness. We should guide the construction of network platforms and deepen resource excavation. Beyond publicizing theories, principles, and policies, we must especially promote the popularization of law, conduct online lectures and Q&A sessions regarding internet religious laws, and promptly clarify erroneous public opinion and viewpoints. Third, we must strengthen the Party’s overall planning for departments including United Front, public security, justice, religion, ethnic affairs, and network information to work with key populations and form a comprehensive management posture toward internet religion. We must establish a unified and efficient internet religious information sharing mechanism, a security risk reporting mechanism, and a research-judgment-disposal mechanism to enhance the defensive and control capabilities of network ideological security work, preventing hostile forces from using internet religion for ideological infiltration within China’s cyberspace.
Next, the guarantee of rule-of-law personnel must be strengthened. On one hand, consideration should be given to building specialized legal teams for grassroots religious affairs or internet religious affairs to avoid phenomena of non-action or arbitrary action. On the other hand, specialized training on internet religious affairs should be organized for legislative, enforcement, and judicial personnel, with training content incorporated into management and assessment systems to effectively improve the political and professional literacy of rule-of-law workers. Finally, information technology guarantees must be strengthened. We should give full play to the advantages of "smart rule of law," improving information on religious work service platforms. New technologies such as artificial intelligence, big data, and cloud computing should be fully utilized to provide, screen, and integrate information and data for internet religious affairs management and to monitor key populations. Research on internet religious issues should be strengthened, combining network information provision with research work objectively and effectively to avoid the phenomenon of "two skins" [14], thereby providing professional support for the smooth advancement of rule-of-law work.
The management of internet religious affairs is an important task for maintaining national security and stability. Improving the level of rule-of-law management in internet religious affairs is an important measure for implementing the major decisions and arrangements of the Party and the state regarding religious work. For over twenty years, China has formed a four-party linkage policy framework for internet religious affairs management. Legal construction in related fields has continuously followed up, and the two have driven the management capacity of internet religious affairs upward via a "dual-wheel drive" model. However, we must face the reality that the rule-of-law management of internet religious affairs still faces practical challenges. Notably, the importance of this task is mismatched with the limited volume of legislation. As the trend of religions going online strengthens, the decision-making difficulty for administrative enforcement departments and the performance difficulty for enforcement personnel have increased. Instances of blurred responsibility for law popularization and inadequate interpretation of laws and regulations still exist, causing some internet platforms to remain "uninvolved," while some religious figures and believers misunderstand relevant laws. In light of these realities, this article contemplates the pathways for improvement by perfecting the construction of laws and regulations, advancing the implementation system, and building a rigorous guarantee system. Naturally, the improvement of the rule-of-law level is not limited to these three aspects; it can also be expanded to include the construction of the rule-of-law supervision system and the system of intra-Party regulations. In short, this is a question worthy of further reflection and discussion, with the aim of pushing the rule-of-law management of internet religious affairs to a new level.
(About the author: Zhang Xiaochen, Associate Professor, School of Marxism, North China University of Technology)
Web Editor: Tongxin Source: Science and Atheism, Issue 5, 2023