학술논문
国家安全法体系的边界 / The Boundary of the National Security Legal System
Document Type
Academic Journal
Author
Source
山东大学学报（哲学社会科学版） / Journal of Shandong University (Philosophy and Social Sciences). (6):118-128
Subject
Language
Chinese
ISSN
1001-9839
Abstract
划定国家安全法体系的边界是国家安全法实现高度体系化的前提.以全国人大及其常委会构建的国家安全法律体系与其他位阶的狭义国家安全法律为分析样本,可看出立法者为国家安全法设定的体系构建逻辑与功能定位.以"国家安全重要领域""维护国家主权、安全和发展利益""统筹发展和安全"三项构建逻辑为依据,可从内部限定国家安全法体系边界的可能范围.从功能定位看,国家安全法的调整对象是与解决国家安全问题及容易转化为国家安全问题的一般安全问题相关的社会关系.我们可据此从外部限定路径方面区分国家安全法与其他法律.结合这两种路径,可使国家安全法在动态扩展中明晰其边界,逐渐发展为更成熟的独立法律部门.
In modernizing China's national security system,it is crucial that a comprehensive and well-structured national security legal system is established.This legal system should be highly systematic and coherent and establishing clear system boundary is the prerequisite for achieving this goal.The existing research has not defined the boundary of national security legal system,which makes it difficult to promote the systematic construction of national security law.Samples from the national security legal system constructed by the National People's Congress and its Standing Committee and other narrow national security laws are analyzed so that the system construction logic and functional orientation of the national security law can be derived through the method of induction and summarization.The construction of the national security legal system adheres to three construction logics:"important areas of national security","safeguarding national sovereignty,security,and development interests",and"coordinate development and security".The potential extent of the national security legal system's boundary can be determined internally through these construction logics.The functional orientation of the national security law is solving the national security problem and the general security problem that may easily transform into the national security problem.Since the national security law is a field law,its applicable objects are social relations related to solving the national security problem and the general security problem that may easily transform into the national security problem.Based on the applicable objects,the national security law can be distinguished from other security laws and laws from other branches from the external path.Driven by these three construction logics,the boundary of the national security legal system continues to expand outward.Other security laws and laws from other branches will be transformed into new national security laws and incorporated into the national security legal system.However,through the combination of these two approaches,the national security law is able to maintain clear boundary and distinguish itself from other laws even amidst continuous expansion.The demarcation of boundary within the national security legal system distinguishes it from other laws and establishes a network of interconnected and complementary legal norms,ensuring internal logical coherence.Consequently,the national security law can progressively evolve into a more mature independent legal branch.The system boundary of the national security law should be further defined before it evolves into a fully established legal branch.The legislator may compile a comprehensive set of national security laws,put"safeguarding national security"in the text of the law,or indicate the functional orientation of safeguarding national security of the law in the draft.To enhance the systematization of national security legal system,we should adopt"solving the national security problem and the general security problem that may easily transform into the national security problem"as the guiding principle,integrating laws and legal institutions within the national security legal system.
In modernizing China's national security system,it is crucial that a comprehensive and well-structured national security legal system is established.This legal system should be highly systematic and coherent and establishing clear system boundary is the prerequisite for achieving this goal.The existing research has not defined the boundary of national security legal system,which makes it difficult to promote the systematic construction of national security law.Samples from the national security legal system constructed by the National People's Congress and its Standing Committee and other narrow national security laws are analyzed so that the system construction logic and functional orientation of the national security law can be derived through the method of induction and summarization.The construction of the national security legal system adheres to three construction logics:"important areas of national security","safeguarding national sovereignty,security,and development interests",and"coordinate development and security".The potential extent of the national security legal system's boundary can be determined internally through these construction logics.The functional orientation of the national security law is solving the national security problem and the general security problem that may easily transform into the national security problem.Since the national security law is a field law,its applicable objects are social relations related to solving the national security problem and the general security problem that may easily transform into the national security problem.Based on the applicable objects,the national security law can be distinguished from other security laws and laws from other branches from the external path.Driven by these three construction logics,the boundary of the national security legal system continues to expand outward.Other security laws and laws from other branches will be transformed into new national security laws and incorporated into the national security legal system.However,through the combination of these two approaches,the national security law is able to maintain clear boundary and distinguish itself from other laws even amidst continuous expansion.The demarcation of boundary within the national security legal system distinguishes it from other laws and establishes a network of interconnected and complementary legal norms,ensuring internal logical coherence.Consequently,the national security law can progressively evolve into a more mature independent legal branch.The system boundary of the national security law should be further defined before it evolves into a fully established legal branch.The legislator may compile a comprehensive set of national security laws,put"safeguarding national security"in the text of the law,or indicate the functional orientation of safeguarding national security of the law in the draft.To enhance the systematization of national security legal system,we should adopt"solving the national security problem and the general security problem that may easily transform into the national security problem"as the guiding principle,integrating laws and legal institutions within the national security legal system.