The Legislative Mechanism of Criminal Law of Intelligence Crime in China and its Improvement
Improving the legislative mechanism for intelligence crimes in China is not only an essential part of the comprehensive rule of law,but also an effective response to a holistic approach to national security,which is of great significance to the strengthening of the criminal law safeguard mechanism for intelligence security.The establishment of intelligence crimes in Criminal Law fails to emphasize the core legal interests,the scope of regulation is not comprehensive,and the core constituent element of"intelligence"is not clear.In this regard,a holistic approach to national security,the tight criminal law network,and the principle of clarity of criminal law should be used as a guide to clarify that the interests of national security should be the core protection of the legal interests of intelligence crimes;the illegal possession of military secrets should be criminalized,and the restriction on the identity of the subject of military se-cret crimes should be abolished;according to the administrative legal norms of intelligence,"intelligence"in criminal law should be divided into three types:state secrets,business secrets and personal information,and military secrets should be regarded as a subordi-nate concept of state secrets.
intelligence crimea holistic approach to national securityinformation securitylegal interests of national security
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