南都学坛Issue(5)：59-65,7.
《反间谍法》颁行后间谍罪认定的疑难问题研究
Study on the Problems about the Cognizance of the Espionage Crime after Counterespionage Law
摘要
Abstract
It’ s not necessary to get a completely coincident understanding between espionage crime in objective behavior and that stipulated in Counterespionage Law.Regardless of whether the doer has fulfilled the formalities, it will not affect the identification of joining in the espionage organization.At the same time, as long as it can be confirmed that it is an espionage organization or an agent of espionage organization, even if it has not been recognized by the national security department, it should be recognized as an espionage organization or its agent in the espionage crime.About the difficulties in the subjective“knowing” in the crime of espionage, it is needed to collectively collect evidence and scientifically apply the judging method of presumption.In the identification of espionage crime, we should pay attention to the new stipulation that “can not be investigated” in Counterespionage Law. Meanwhile, if the doer has violated other crimes, he or she should get a combined punishment.关键词
间谍罪/《反间谍法》/间谍组织及其代理人/明知/数罪并罚Key words
espionage crime/Counterespionage Law/espionage organization and its agent/knowing/combined punishment for several offenses分类
社会科学引用本文复制引用
胡江..《反间谍法》颁行后间谍罪认定的疑难问题研究[J].南都学坛,2015,(5):59-65,7.基金项目
2011年国家社科基金项目“社会转型期群体性事件的心理疏导与犯罪防范对策研究”，项目编号11BFX104；中央财政支持地方高校建设项目“特殊群体权利保护与犯罪预防创新团队”。 （）
