Research Of Espionage Behavior

Spy, called by many as one of the oldest profession in human history, the kind of espionage has been accompanied by the development of human civilization and gradually increased. It can be said that the history of mankind is the history of war, and in war status spies can be said pivotal. In time of peace we now live, there is a spy for the national security of countries in the world as it has a profound effect can not be ignored. Ancient espionage in wartime military intelligence to spy on the enemy mostly for the identification of such espionage can be said to be relatively simple. By modern times, with the development of science and technology, making a lot higher compared to the previous espionage has hidden, and can be faster and more accurate delivery of state secrets and military intelligence, and therefore more harmful to national security. So China will endanger our national security criminal acts of espionage carried out at the beginning of the relevant provisions of the legislation, which were followed by several additional modifications. But the law always lags behind reality, the face of the moment kind of a growing number of criminal acts of espionage, China’s laws and regulations on the identification of such crimes also need further improvement. Therefore, the author in this paper from four aspects of espionage offenses identified problems were studied.In China’s current judicial practice, the main legal basis for the fight against criminal activities in addition to espionage in 1997 announced the implementation of the current Penal Code, there are anti-spy is an important legal work- "People’s Republic of China Espionage Act." But the two laws on espionage identification, including identification of acts that endanger national security are not identical. "Espionage Act" clearly sets out five espionage, but China’s current "Criminal Law" Article 110 the provisions of espionage, only the two acts clearly identified as spies criminal conduct objective, namely to participate espionage organization or accepting an espionage organization and its agents task behavior and directing the enemy to attack the target behavior. Wherein the two laws for the criminal acts of espionage identified the biggest difference is two-fold: First, the new Article fallback provision enacted "anti-spy law" exists. Such provisions may be technically possible to resolve in the new legislation has not yet appeared espionage offenses will be punished effective legal level, so as to achieve the purpose of safeguarding national security; the second is to "steal, spy on, buy or illegally provide state secrets or intelligence " behavior and " instigated, lure, or bribing a State mutiny " behavior identified as espionage. Here we found after a crime is still relatively clear, academia without too much controversy. But for "stealing, spying, buying or illegally providing state secrets or intelligence" behavior on the identification, still need further explanation and elucidated. Because of this provision with the provisions of Article eleven in terms of basically the same objective, the judicial practice is also more difficult to grasp the distinction. Thus, after the "People’s Republic of China Espionage Act" was promulgated, for espionage accurately understand and apply, in judicial practice it is of great significance. So how to coordinate the new "anti-spy law" and "Criminal Law" for espionage identified inconsistency has become a new task.