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頁籤選單縮合
題 名 | 論中共國家安全法 |
---|---|
作 者 | 王泰銓; 謝英吉; | 書刊名 | 經社法制論叢 |
卷 期 | 15 1995.01[民84.01] |
頁 次 | 頁43-66 |
分類號 | 587.71 |
關鍵詞 | 中共; 國家安全法; |
語 文 | 中文(Chinese) |
中文摘要 | 近年來隨著經濟改革步調的加快的與範圍的擴大,中國大陸人民的物質生活水準明顯地提高;在同時,因資植主義社會中,人權與自由價值觀念的影響,大陸人民要求政治改革的民主化聲浪亦接連不斷。面對經濟調控過程中,對外改革開放對政權所帶的挑戰,中共於一九八三年首先成立國家安全部,負責原由公安機關審理的間諜及特務案件;並於一九九三年二月及一九九四年七月分別公布「中共國家安全法」和「中共家安全法實細細則」欠缺明確定義;後者對母法的規定亦多予擴張突釋,並援用許多不確定法律概念及非法律用語作為規範內容,而使得人民基本自由權利到嚴重侵害。此外,也因為「中共國安法」與「中共國安法實施細則」所規範的對象哀及境內非中國公民之機構、組織與個人,所以日後凡在中大陸採訪、經商、旅行或進行學術文化交流的組織與個人,只要與中共政權意識型態相左或批評、違反其政策決定者,皆有可能被當權者藉害國家安全之名義而以該法相繩。在中共逐漸揚棄傳統社會主義經濟,引進大量外資,並建立市場競爭機制之際,「中共國安法」中,對意識型態與政治活動之加緊箝制及迫害,更形凸顯其現階段之政治意義。 本文撰寫之目的,主要在析論「中共國安法」及其實施細則之內容;同時透過法學上之綜合研究法,由及立法技糐層面,分「實施範圍及其對象」、「危害國家安全行為」、「國家安全機關之職權」三大部分進行檢討的與批判;結論中,除再度針對該法之強烈政治性提丑批評外,亦對目前中共國家安全體系之法制化作一評估。 |
英文摘要 | The communist Party of China has decided to implement the policy on reform liberation at its party's 11th sanzhong full assembly in 1978, Since then, following the deepening and expansion of the economic reform, and the influence of the conception of freedom and human rights value in the capitalist society, the people of mainland China has continually called for political freeform and democratic transformation. In the process of making economic adjustment, the China Communist Government first set up the State Security Bureau in 1983 to face the challenge brought by the foreign influence on the political power. It gives the responsibility to take charge of the trial on the cases of secret agent, which was formerly handled by the Public Security Authority. In order to strictly control personal from organization outside the country to provide moral support and financial assistance for democratic and racial movements within the border, the State Security Law of the People's Republic of China and its implementation bylaws was subsequently announced on February 1993 and July 1994 respectively. However, what is meant by behavior that will endanger the national security is not clearly and definitely defined in the State Security Law. The implementation bylaws are based on many uncertain law concepts and law terminology is not used in the explanation of the foreign law from law from which the domestic law is patterned after, These not only seriously infringe the basic freedom rights of its people, but also the foreigners and foreign organizations within the border as the scope of the subject is very wide. Thererore, organization or person who goes to mainland China for interview, business, travel or educational and cultural exchange in future and violates the policy will be possibly arrested in the name of endangering the national security by the authority. All one has to do is to disagree or comment on the ideology of the Communist Party of China's political power. The China's Communist Government has gradually discard its traditional socialistic publicly owned system to draw in large foreign investment. Moreover, market competitiveness has been built up and opportunities created. The State Security Law has a strict control on the ideological and political activities has obviously shown its political meaning in the process of economic reform at the present stage. The main objective of writing this article is to analyze and discuss the content of the State Security Law and its implementation bylaws. At the same time, using legal therories and legislative techniques to review, discuss and comment in three parts-the scope of implementation and its subject, the behavior the will endanger the national security and the authority of the national security institution. The conclusion will include a recall nature study on the rules and regulations is the State Security Law of People's Republic of China. Finally it will be decided whether the system is legalized at the present stage. |
本系統中英文摘要資訊取自各篇刊載內容。