Conflicts And Solutions Of The Functional Jurisdiction Of The Crime Of Endangering State Security

Conflicts of the functional jurisdiction of the crime of endangering state security are found commonly in the judicial practices. For the decrease of the focus on the crime of endangering state security, researches and solutions to the conflicts caused by the jurisdiction of the crime have made not much progress. Letting this phenomenon go further is opposite to the way of judicial legalization and its development. On the base of analyses of the conflicts of the functional jurisdiction of the crime of endangering state security, this article is trying to inquire primarily into solutions to the conflicts.The article consists of three main sections. The first section makes statements and analyses to the present situation of the functional jurisdiction's conflicts of the crime of endangering state security on its presentation , contributing factors , characteristics as well as consequences. The second one focus on the solutions to the legal base and rational demand of the functional jurisdiction's conflicts of the crime of endangering state security: first, based on the further analyses to the contents of the criminal lawsuit relevant to the functional jurisdiction's conflicts of the crime of endangering state security , analyses to state security law's status , role and problems existed, the article draws the conclusion that: The functional jurisdiction of the endangering state security lacks legalization. Secondly, based on the analyses to the defects due to different standards applied by various departments in the judicial practices, the article comes to the conclusion of lack of both legalization andrationality. What's more, from the analyses to the present law's regulation and its orientation, state security's investigation's characteristics, the present situation of state security investigating department as well as other several aspects, the article comes to the conclusion that: State security department's functional orientation is the rational premise of the solutions to the conflicts of the functional jurisdiction of the endangering state security. Finally, starting with the basic meaning of state security, considering its characteristics of socialization and development, the article puts forward basic elements of state security in the criminal justice; and from above, based itself upon the relevant crimes' integrity and intra links, the article makes analyses again from the aspect of the functional jurisdiction, to the spy crime and state secrets crime among crimes of endangering state security, promoting to reconstruct the crime system of endangering state security legally and rationally. The last section, based on the above analyses, the article puts forward its own radical and practical solutions from two different aspects of detecting system reform and legislative improvement. Especially the article enters into details on the latter aspect's indispensable principles , essential foundations, crux assurance.