On The Safeguard Of China's National Security By Criminal Laws

Since the 21st century,with traditional security intertwining with non-traditional security,rapid economic development and different kinds of social contradictions have been combined,which results in a variable domestic and international security situation.A lot of complicated national security problems keep emerging,which pose a series of threats to China's national security.Under the traditional and non-traditional security threats,the current national security environment of China is full of uncertainties.It is our strategic choice to safeguard national security and to ultimately achieve the great rejuvenation of the Chinese nation from now and in the future.At the same time,it is the core requirement of the rule of law and a major issue facing us to safeguard national security in accordance with the laws as well as to protect our country and people from danger or threats.For national security,it not only means a status of safety,but also means the comprehensive and sustainable capibilities of being safe.As the final line of social defense,the criminal laws should act as the absolutely necessary role on safeguarding national security.The question we are facing is how to offer a better protection,rather than a perfunctory one.Therefore,to safeguard the national security and be away from dangers and threats,can be the cole requirements for the rule of law,and the urgent needs of the realities.Based on the research logic to "discover,put forward,analyze and solve the problems",this paper carries out the research and focuses mainly on such five aspects as"concept system,policy system,theoretical system,ruling system,and management system".The introduction part illustrates the general situation of the researches on the criminal laws guarding the national security from the aspects such as research background,the status quo,the significance,and etc.It also introduces the research method system,the innovation and deficiencies of this paper.The first chapter is an overview of the criminal laws guarding the national security,including the national security concept,category,the basic problems in history and reality,the goals of the national security and the theoretical guidance of internal and external environment;the scope,function and methods of the criminal laws guarding the national security.On the basis of criminal laws and the national security supply and demand theory,the second chapter,from the perspective of "the kernel modeling",elaborates the criminal jurisprudence basis of national security system in detail,designs and establishes the national security legal theoretical framework with the criminal laws theory on security values as its core,and then expounds in theory the possibility and necessity of the practical needs for national security,governance model selection,and system construction.The third chapter investigates respectively the historical origin and current situation of national security criminal policy systems in the United States(as the representative of Anglo-American law system),Russia(as the representative of civil law)and China from the perspective of comparative study both at home and abroad.The fourth chapter,taking the national security legislation in ancient and modern times in our country as the breakthrough point,elaborates in detail the movements and situations of national security legislation in different periods of ancient,modern and contemporary times.Then it puts forward the current problems in the criminal laws on national security,and suggests the construction of the national security legal systems suitable to the"overall national security outlook".From the perspective of how criminal laws safeguards national security in operation,the fifth chapter discusses the subjects,the responsibilities,the principles,the application of the criminal laws,and the approaches of the national security rule of law,with its aims to build and perfect the criminal protection legal system of the national security as well as to explore a new approach to the national security rule of law with Chinese characteristics.The sixth chapter discusses the construction of the system of criminal laws safeguarding the national security.It focuses on the on the significance and core status of National Security Law in the national security legal system and proposes legislative suggestions on the perfection of this legal system from both macro and micro perspectives.The seventh chapter discusses the construction of the ruling system of the criminal laws safeguarding national security.It covers the ruling principles,objects,approaches of national security rule of law and its application in the judicial practice,and finally,the legislative suggestions on its perfection.In short,this paper,from the perspectives of systemization,standardization and sustainable development,discusses the protections and supports rendered by the criminal laws in respect of safeguarding national security.With the overall situation of national security being more and more complex,the current national security strategies and national security legislation need to be improved,and still the national security legal system need to be further reformed.This paper aims to be of some great importance to address those problems in both theory and practice.