摘要
刑法第311条规定的拒绝提供间谍犯罪证据罪的成立以行为人“明知”他人有间谍犯罪行为为前提条件,行为人对他人有间谍犯罪行为是否“明知”就成了本罪是否成立的关键。文章拟从“明知他人有间谍犯罪行为”的涵义、如何认定、“明知”的形成时间及其与刑法总则“明知”的关系等方面理清相关问题。
The crime of refusing to provide evidences on spionage presupposes being fully aware that others had espionage activities, so whether one was fully aware that others had espionage activities was a decisive move which determined whether he committed the crime. This paper would expound the meaning of being fully aware that others had espionage activities,how to define it,when it came into being,the relations between it and that in general provisions of criminal law, ete, so as to cast a brick to attract jade, and offer a reference to judicial practice.
出处
《成都教育学院学报》
2006年第2期112-114,共3页
Journal of Chendu College of Education
关键词
明知
前提
一定
可能
间谍犯罪证据
being fully aware
presuppose
surely
probably
evidences on espionage
