For Foreign Theft, Spying, Buying And Illegally Providing State Secrets, Intelligence Crime Research

The paper is attempted to discussing on both theory and practice about a crime , stealing ,spying ,bribing ,and illegally providing state secrets and information overseas, based on the Criminal Law of China .Furthermore, combining some correlative laws offshore, the writer gives his own recommendations to modifying and perfecting it. Excepting the introduction, the paper can be divided into five parts, which will be introduced one by one.Chapter one: overview. In this chapter, first of all, the writer elaborates the present situation of infringing on the state secrets and information in China, and stresses the necessity of protecting the state secrets by the Criminal Law. Then comparing the legislative characteristic of it between home and abroad, it can be found that the overseas relevant laws have so much purport in order to perfecting the law in China. At last, the definition of this crime and the name of it is given in this chapter.Chapter two: fundamental characteristics of the crime. The crime that stealing, spying, bribing, and illegally providing state secrets and information will be discussed, in this chapter, by the following four constitutive requirements: object of crime, objective factor, subject of crime, and subjective factor.Chapter three: the crime of judicial determination. In this chapter, it is discussed that the limitation whether committing the crime or not, andthe connection and difference between this crime and others relating to the crime of state secrets, in order that it can be determined with a clear standard in future judicial practice.Chapter four: criminal responsibility. The writer researches the integrating between this crime and some other relative crimes, and the proper rules of the law. In addition, he also analyzes five doctrines we should control when the penalty is suitable.Chapter five: perfecting the law. Taking the case of Lawyer Enchong Zheng in Shanghai Mingjian Law Office for example, the writer gives two point of suspicion in the judicial interpretations of it, and provides his own opinions that it is a systems engineering to perfecting the law, and it is really the point to perfecting the penalty of failure to perform in hitting the crime of stealing or disclosing the secrets.