On The Crime Of Espionage

Since the end of the Cold War, the world situation has, generally speaking, moved towards relaxation; but national security of China still faces great threatens, come from both military threaten of outside and the challenge of the division activities inside. In order to promote the stratagem, so called"peaceful evolution", and keep within limits the grow-up of China, most western countries had increased the espionage actions in China as tool to serve their policies; For the purpose of avoiding the motherland prevent their division, the"TaiWan independence"force had sent a lot of spies into motherland to carry out intelligence. Under this circumstances, the result of large scale espionage campaign in the criminal judicial domain, crime of espionage—one of the most important crime of endanger national security crime—becomes the popular crime in the criminal judiciary. Therefore, the research on the crime of espionage has not only the criminology theories value, but also the practical significance in the pertaining to criminal judicatory.The precondition of discovering the essence of a sort of crime is to ascertain the cause and effect that why this sort of activity is punishable as a crime. So, the reason of produce, development and evolvement of spy from the historical angle is studied in the 1st chapter,aim at discovering the commonness in these law, and pave the way for finding the essence of the crime of espionage. By analyzing the political attribute, social behavior character and legal attribute of espionage behavior, it is explicit that espionage campaign is a kind of instrument used in the political conflict between countries and political groups. Espionage lead to perdition of country or overthrow of government, apparently, the vital harm to national security of espionage is an ultimate cause that espionage is punishable as a crime.Although all sort of espionage jeopardize the national security, but the criminal law can not punish all sort of espionage because of the complexity of espionage's behavior. Espionage behavior can be punished as a crime until it meet some needs, first, the serious harm to the national security; second, possibility of criminal jurisdiction. So, the 2nd chapter analyzes the complexity of espionage's behavior, work over some knotty problems in the crime constitution of crime of espionage, such as the concept, the sorts, the criteria of crime accomplishment and attempted crime and crime counting shape, etc. By analyzing the conditions that espionage's behavior transform into crime, solve the problem of guilty or not guilty; After studying the differences between crime of espionage and other crimes relating to the national secrets, solve the problem of confusion between these crimes. For the increasing corporate espionage, after analyzing differences the modern corporate espionage and the traditional economic espionage, and studying the , we can find that the system to punish the commercial espionage had come into being in the Chinese criminal law-- by stipulating the crimes such as the crime of commercial secrets violation, crime of espionage, etc---to deal with the commercial espionage threaten, so, it is not necessary to stipulate a crime of economic espionage in criminal law.The 3rd chapter studies the criminal policies, based on the conclusion that espionage is tool of nation's conflict, the crime of espionage will be the ramification of countries, and even the severest criminal punishment can not clear away the crime of espionage. Obviously, criminal punishment can not deter the harm to national security caused by the crime of espionage. The prevention of crime of espionage is a system engineering which concerning the domestic and foreign affairs, as a result, the policy dealing with crime of espionage is concerned with the nation's internal policies and external policies.