Troshchinskiy P.V. The legislation of China in the sphere of fighting espionage and high treason: the historical and legal aspect

Abstract: The subject of research is the legislation of China in the sphere of fighting espionage and high treason. In this context the evolution of Chinese laws starting from the period of Ancient China up until present days is considered. During the whole period of statehood existence the counter-espionage service of China has recognized the fight against the acts of espionage and high treason as a matter of top priority. The Chinese “Art of War” of Sun Tzu has laid the theoretical foundation for it. According to the existing legislation, for the commission of the indicated crimes the perpetrator has been always submitted to the capital punishment. It was during the ancient times as well as during the periods of the Civil War, the Resistance against the Japanese Aggression and the years following the foundation of the People’s Republic of China. Nowadays death penalty for espionage and high treason still exists. Except the criminal code, the legal system of China contains the unique law “concerning fighting espionage” (was adopted in 2014). In 2015 the new law “concerning state security” was adopted. In 2013 in the system of the governmental authorities a new Central Committee on National Security evolved, it is responsible for fighting espionage and high treason. All the above stated indicates that within the scope of the research the Chinese state possesses the distinctive law-making experience, which represents an issue of great interest for the national science in the framework of comparative law.

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