Discussing Crime of Jeopardizing State Security from the Perspective of National Security Law
Before the issue of the National Security Law in 2015,basically the same are the connota-tions of the two concepts:crimes of jeopardizing state security and of endangering national secu-rity.However,when the National Security Law extends its concept of national security,it be-comes necessary to distinguish the semantics of these two concepts,for,in the past,crimes that endanger national security only corresponded to Chapter 1 of the Criminal Law.The Na-tional Security Law expands the range of the task of national security from Articles 15 to 34.When an act that endangers national security is escalated to a crime,it not only corresponds to Chapter 1 of the Criminal Law,but may involve specific charges beyond Chapter 1.These charges are all crimes that endanger national security as stipulated in the National Security Law,but are not crimes that endanger national security as defined in the Criminal Law.If the legal interests of national security are determined in a broad sense,it will be more appropriate to modify the crime of jeopardizing state security stipulated in Chapter 1 of the Criminal Law to the crime of endangering national sovereignty and political power.With the amendment of the Criminal Law,crime of jeopardizing state security is included as a concept in the National Se-curity Law corresponding to the criminal law system.The crime of infringing on social legal in-terests in criminal law and establishing a crime that endangers national security is the result of the second evaluation of the National Security Law.Whether the broad national security inter-ests have been violated is the basis for this secondary evaluation.If the Criminal Procedure Law also follows the National Security Law and adjusts the semantics of crimes endangering national security from a narrow sense to a broad sense,then the issue of re-evaluation procedure for crimes endangering national security in the National Security Law will be the core of institution-al construction.
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