What is treason? What is the determination of treason?

1. What is the crime of desertion? The crime of escape refers to the behavior of state functionaries who leave their jobs without authorization, defect abroad or defect abroad, which endangers the people and national security of China. Second, what is the determination of the crime of desertion? 1. The difference between the crime of escape and the crime of treason is that the crime of escape is manifested as defection from abroad or defection from abroad, and it also has the nature of betraying the motherland. However, the crime of desertion is very different from the crime of treason, which is mainly manifested in the following aspects: the different subjects of crime. The subject of this crime must be the staff of state organs; The subject of treason can only be transnational citizens. There are also differences in objective aspects. The objective act of this crime is to defect from abroad or to defect from abroad during the performance of official duties, which endangers the people and national security of China; Treason is an act of colluding with foreign countries and endangering the sovereignty, territorial integrity and security of the people of China. 2. The difference from the crime of desertion of soldiers lies in the different subjects. One is the staff of state organs; One is a soldier. 3. The purpose of the crime is different from that of crossing the country (border), and the subject identity is also different. Those who commit the crime of escaping or crossing the border illegally belong to the crime of absorption. 4. Different from the crime of defecting to the enemy. The so-called crime of defecting to the enemy refers to the act of defecting to and serving the enemy camp, or surrendering to the enemy after being arrested or captured. Both the crime of desertion and the crime of escaping have the nature of betraying the motherland, but they are essentially different, mainly in the following aspects: First, the subject of crime is different. This crime can only be committed by the staff of state organs; The subject of treason is China citizens. Second, the objective aspects are different. This crime is manifested in the act of defecting abroad or defecting abroad during the performance of official duties; The crime of defecting to the enemy is manifested as the act of defecting to the enemy camp or surrendering to the enemy. The key to the difference between the two is that this crime is only to defect abroad, not to take refuge in the enemy; The crime of desertion is mainly to take refuge in the enemy and defect, not necessarily to defect abroad. 5. The key to distinguish crime from non-crime is not the staff of state organs and those who hold state secrets; Whether defection is enough to endanger the security of China people and country. 6. This crime and that crime (1) The difference between desertion and treason. The crime of escaping manifests itself as defecting from abroad or abroad, and also has the nature of betraying the motherland. However, there are great differences between desertion and treason, mainly in the following aspects: First, the subject of crime is different. The subject of this crime must be the staff of state organs; As long as the subject of treason is a transnational citizen. Second, there are differences in objective aspects. The objective act of this crime is to defect abroad or to defect abroad during the performance of official duties, which endangers the national security and behavior of the people of China; Treason manifests itself as collusion with foreign countries, endangering the sovereignty, territorial integrity and security of the people of China. (2) The difference between the crime of desertion and the crime of desertion by soldiers. First, the theme is different. One is the staff of state organs; One is a soldier. When judging whether the crime of desertion is established, we need to pay special attention to the following aspects: first, it constitutes the crime of desertion, and the perpetrator is subjective and intentional, so it is impossible to commit this crime through negligence; Second, the subject of this crime is a special subject, that is, the staff of state organs; Third, this crime occurred during the execution of official duties, and it is not impossible to be suspected of this crime at other times. The above three conditions must be met at the same time. Without any conditions, treason will not be established.