| 中韩两国刑法都对伤害国度平安的犯法做出划定，在伤害国度平安犯法的概念、领域、立法沿革、组成要件、分类及罪名设置等立法规方面有配合的地方，同时也存在许多差别。这些差别明显是由中韩两国分歧的国度政管理念与宪法轨制决议的。中国刑法中的伤害国度平安罪受多数平易近族中的决裂权势(藏独、疆独)、台独权势、一国两制等政治身分的作用，有着奇特的汗青沿革、刑法系统、犯法组成上的特色。韩国刑法中的伤害国度平安犯法也受“南北韩决裂”的特别国度状态与自在平易近主主义国度理念的作用，韩语论文，有着本身奇特的刑法司法系统、犯法组成上的特色。笔者以为中韩两国刑法中伤害国度平安罪的差别具有比拟研究的意义，两国刑律例定也是各有所长。本文经由过程对中韩两国伤害国度平安罪的概念与领域、汗青沿革、犯法组成特点、犯法类型与罪名及相干刑法系统停止体系的剖析和比拟。并联合两国的立法理论，瞻望伤害国度平安罪的成长趋向，相互自创立法规之优点，摸索完美中韩两国的伤害国度平安罪立法的计划和途径。本文由六章组成。第一章是中韩两国伤害国度平安罪的概念，重要提醒了中韩两国伤害国度平安罪概念的内在，并停止了两国立法规的比拟剖析。第二章是汗青沿革，考核了中韩两国伤害国度平安罪制订的汗青沿革、立法的意义和配景。第3、4、五章是此类犯法的类型、罪名、组成特点和处分，分离对两国刑法条则上的各个罪名、组成特点和科罚划定停止了考核和互相比拟。第六章是中韩两国伤害国度平安罪立法规的自创和完美，经由过程剖析和比拟中韩现行伤害国度平安罪立法规，提出完美两国伤害国度平安罪司法标准、轨制的思虑与建议。比拟剖析中韩两国刑法中的伤害国度平安罪，商量二者的差异，从中获得某些启发。在中国伤害国度平安罪的立法规上，韩语毕业论文，“反水国度罪”、“决裂国度罪”、“推翻国度政权罪”、“特务罪”的组成要件等立法规值得韩国刑法自创。并且中国立法者积极地应对社会变更与成长，实时修订相干法则的汗青传统也切实其实值得韩国立法者自创。响应的，在韩国刑法中对伤害国度平安行动的犯法分类与罪名上也有值得中国刑法自创的部门，如中国刑法分则将凌辱毁谤国旗、国徽的行动予以通俗刑事犯法去加以评价时，韩国刑法中却将此类犯法行动视为伤害国度平安（威望）的犯法，在司法评价上显得更加严厉，加倍公道；并且将武装兵变、暴动罪同一为武装兵变罪，显得更加公道。 Abstract: Both China and South Korea have to make the criminal law to hurt the country's peace and security, the concept of peace in the country, the area, the legislative evolution, the composition of the elements, classification and charges set up regulations, but there are many differences. These differences are clearly determined by the differences between China and South Korea in the country's political and administrative management of the Constitution and the constitutional system resolution. Safe crime in criminal law by the country China hurt most people in power break (Tibet and Xinjiang), Taiwan power, the political identity of one country two systems, has a history of history, criminal law system, peculiar crime on characteristics. South Korea in the criminal law damage national security law is influenced by "South Korea break" special nation state and free democratic country concept, a crime criminal judicial system, its own unique composition characteristics. I think the significance of comparative study has hurt national security crime in the criminal law of China and South Korea between two criminal cases and each one has his good points. This article through the process of China and South Korea to hurt the country's peace and security of the concept of the crime of the field, historical evolution, the composition of the crime, crime types and charges and relevant criminal law system to analyze and compare. The legislative theory and combined with the two countries, tend to look to harm national security crime, mutual advantages since the establishment of laws and regulations, perfect exploration of South Korea and China harm national security plan and the way of legislation of crime. This article is made up of six chapters. The first chapter is the concept of the crime of peace between China and South Korea. It is an important part of the concept of the crime of injury to the two countries. The second chapter is the history of the history, the assessment of China and South Korea to hurt the country's peace and development of the history of the crime, the legislative significance and background. Third, 4, five chapter is such illegal charges, types, characteristics and composition of punishment, the separate charges, on both criminal law on composition characteristics and delineation of the assessment and compare each other stop penalty. The sixth chapter is China and South Korea to hurt the country's own and perfect the legislation of the crime of peace, through the process of analysis and comparison between China and South Korea's current national security laws and regulations, put forward the judicial standards of the two countries hurt the country's peace and justice, system of rail system of thought and suggestion. Comparative analysis of the criminal law of China and South Korea in the criminal law of the country of peace and security, to discuss the similarities and differences between the two, and get some inspiration. In Chinese harm national security crime legislation, "defected country crime", "break national crime" and "overthrow the state power crime", "spy crimes" composed of elements of the legislation of criminal law in South Korea is created. And the Chinese legislators to actively respond to social changes and growth, the real time to amend the relevant laws of the history of the tradition is also effective in fact worth South Korean lawmakers. In response, South Korea in the criminal law of harm national security action crime classification and charges is also worthy of China own criminal law departments, such as the specific provisions of criminal law China will insult slander the national flag and national emblem actions to be popular to criminal offence in criminal law evaluation, South Korea will such crime action as harm national security (prestige the crime is more severe), and more reasonable in judicial appraisal; and the armed mutiny, the same as the armed insurrection mutiny crime, is more reasonable. 目录: |
