Study On Espionage Crime Motive

Espionage is a phenomenon in the development of a state or society, which changes and develops through the evolutionary history of mankind. At present, China is deepening the reforms in an all-round way. Unrest increases in the domestic and foreign hostile force permeates multiply politics, military, ideology, economy and other fields. The level and scope of espionage’s damage is constantly expanding in the info-age. Events like the US surveillance program "PRISM" and the "Rio Tinto Economic Espionage" also reflect that the battle between espionage and counter-espionage in hidden front is becoming more and more fierce. Revised "National Security Act" to "Counter-espionage Law" was a scientific way to promote national security defense strategy and properly deal with the current complicated national security situation. Currently, study on espionage crime is increasing gradually, but too much based on criminal justice and little on psychology or motivation. In fact, study the issues of the espionage crime psychology deeply has great realistic meaning to confirm the nature of espionage case, fight and prevent espionage crime, safeguard national security and social stability. The research of the motives of the espionage crime not only has theoretical value of criminology, also has important practical significance in criminal justice.To reveal the particularity of the espionage’s criminal motives, we must study the rules of the criminal law.So in the first chapter of this paper, start with the concept of the crime of espionage, its composition and harm, this paper analyzes the behavior 2of the crime and the crime constitution, and expounds the development of the modern espionage crime, its relationship with the national security concept, criminal justice.The political nature of the crime of espionage, which is characterized by long-term, competitive, national, secret and foreign affairs, makes it different from other crimes as it mainly serves the national political and economic interests.The core of espionage is to meet the needs of the national competition, as long as the political and military struggles between the nations or the political forces still exist, the espionage will not die out. The development patterns of the crime of espionage are consistent with the security concept of a country.The newly promulgated "anti Espionage Act" has adopted a mixed type of the Espionage Act, listing five kinds of acts of espionage. It uses "behavior model" or "behavior based" model of the criminal law, which reflects the development of the form of the fight against the crime, that is, it is the value of the behavior, rather than the results that matters. Therefore, it is practically important to study the formation and development of the criminal psychology, especially the formation and evolution of the espionage motivation, in order to confirm the nature of the espionage case, fight against and prevent the crime of espionage.In the second chapter, the paper expounds that espionage, under the dominance of multiple factors and different mechanisms, have the characteristics of different kinds from that of the ordinary criminal offense, as well as different functions. The motive of the crime of espionage, considered as "evil" inthis paper, shows the characteristics of the reactionary, covert, complex and dynamic. Among them, since the domestic espionage crimes take overthrow the people’s democratic dictatorship and the socialist system as the fundamental purpose, the reactionary is its most important feature. The espionage crime motive is the direct motive force. The espionage crime motive immediately arised when facing the temptation of material or spiritual reward in the organization or agency, or being threatened. The strength of the crime of espionage is higher than that of general crime.To promote the crime of espionage, the espionage criminals choose to realize the crime by the most convenient means through finding the condition and situation of the crime. The behavior of the espionage criminals will be able to maintain or the existing crime will be strengthened. In the process of the implementation of the espionage, the espionage criminals will compare the results of the crime with their own expectations, to meet the desire, and then further transform it into the crime target.Considering the complex factors behind the formation of the espionage crime motive, in the third chapter, the author classify the criminal motives according to difference of the subject of the crime, the impact of the crime,and the causes of the crim.According to the division of the subject of espionage, the criminal motives can be divided into demanders motives and provider motives. They will also be changed with the development of national strategic theme.According to the impact of the crime motive on criminal behavior, crime motives can be divided into dominant crime motive and subordinated crime motive.Crime motive is consist of the need of criminal and the external stimulus(goals or incentives), and the espionage’s individual behavior often has complex factors behind.The main motive is the dominant motive or, the relatively weak and unstable motive is the subordinated motive.According to causes of espionage,the criminal motives mainly composed of the temptation of sex, money, personal achievement, the effect of ideology and the stress of coercion. These five aspects are also considered as the fundamentals of the motive of espionage.In the fourth chapter of this paper, the author tries to analyze the causes, the formation and the evolutionary process ofof espionage crime by applying the main motivation theories in psychology, that is,incentive theory, need theory, reinforcement theory and cognitive theory. Although the formation of the crime motive is a kind of invisible psychological motivation which the criminal maintains when he works towards an illegal goal activities,it can still be detected from the external behavior of the criminal. Espionage crime arises from the dissatisfaction of individual needs. when the criminal’s need far beyond his ability and social condition,he tries to meet his need by mean of antisocial illegal crime. The formation of espionage crime motive is extremely complex and dynamic, so the study of espionage crime motive should be combined with the comprehensive analysis of criminal’s attitude towards national policy guidelines, his basic moral quality, legal accomplishment, and mental quality.Based on the analysis of the crime motive, the fifth chapter of this papertries to understand and build a scientific espionage crime prevention system and analyze the espionage crime prevention strategy from multiple perspectives emphatically including the control of the espionage crime motive. First from the cognitive dimension.We should strengthen the patriotism education, reduce the value of crime target. It is necessary to enhance patriotism, national security consciousness and the concept of legal system deeply and muchly to establishthe people’s line of counter-espionage which all people take part in; We should debate with crime "rationalization" to destroy criminals’, including potentialcriminals’ psychological defense mechanism which used to pass the buck; Second from the incentive dimension.By strengthening the deterrent force of punishment and releasing the reward information of self-accusation and perform merits system, we could make the person lower the possibility of implementing espionage during the Cognitional Game. We could also reinforce people’s social responsibility by establishing a fair and reasonable social mechanisms. Third from the personality defect dimension.Personage and societyshould be shaped by fostering personality such as sticking to political vision, increasing the right knowledge reserve,reinforce vocational cultivation and sentiment accomplishment. Fourthfrom the environment dimension.We should not only take over the series of effectivebasic principles,experience and methods from long-term battle of anti-enemy and hidden front, but also keep advanced abilities of technical investigation and scientific trial. We should also stick to combine "professionalizationt" with "mass line" and active investigationwith active defense.The sixth chapter of this paper, starting from the psychological process and rules of the birth of espionage behavior motivation, it emphasizes the crime motive as the inner-driving force of supporting the crime of espionage criminal. Based on the full analysis, the espionage crime motivation is the key to find and determine the criminal suspect, so as to make contributions to detective work. First, by depicting the criminal conditions and the characteristics of the perpetrators from the crime behavior and scene,it analyzes different motives of behavior person,which determines the investigation plan;clears the investigation direction and strengthens the special blow, and thus finds out and locks the suspect.Second, based on the characteristics of crime means, crime tools, the analysis of criminal motivation and purpose is the important factors and ways to analyze the connection of the crime motive and purpose, to prepare for the working out of capture plans scientifically.Third, deepen the understanding of motivation factors such as crime needsand incentive motivation factors. It helps break down and eliminate confession barriers and guide their confessions, provide support and assistance for investigation strategies,thus change espionage criminal’s the blindness and extremeness of the cognition, cultivate their psychological positive factors, which helpsbreakthrough psychological line effectively while interrogating.In conclusion, criminal activity is driven by the crime motive,which plays an important role in the process of committing a crime behavior, as a psychological reason of pushing people to commit a crime behavior and achieve a certain criminal purpose. The root of the research of the motives of criminal is investigating and punishing the criminal behavior more precisely and constructing prevention pattern thus fitting the new national security concept to protect people’s safety and the subject of the social stability.