For Foreign Theft,Spying,Buying,Illegally Providing Military Secret Crime Research

In the application of the 431 st provisions of the criminal law about this crime,the need for the relevant provisions shall be clear,accurate grasp of the connotation of the concept of strict distinction between crime and non crime,this crime and other crime.Through the detailed analysis of the connotation,characteristics of the crime,judicial cognizance problems,the crime is more clear it is the judicial practice more accurate judgment of crime and non crime,this crime and other crime.Through comparative analysis,found that the criminal law about the provisions of existing defects of legislation,combined with China's legislation and judicial practice,puts forward improvement suggestions on amending the law of the provisions of this crime.Firstly,from the charges the concept of,The legislative history and the crime angle carries on the introduction of this crime,clear the specific meaning,legislative background and crime characteristics.Through the comparative analysis of integrated multi views of scholars,the four elements of the crime be accurately defined.For example,the cognizance of crime based on the full object is a complex object with "matters" is defined;military secrets than "information" is more reasonable;discusses the issues about "overseas" whether including Hongkong,Macao,Taiwan;the object of the crime is the criminal law on the "military secret" involving national security and military interests of the provisions are not clear enough,The rules of the People's Liberation Army Secrecy ordinance are too generalized to leave the judicial discretion too large and so on.The second chapter mainly analyzes the judicial cognizance of the crime,discusses from twoangles separately.The crime of joint crime and crime as a selective accusation,in determining the crime,should be based on specific types of behavior,and military secrets as a special object of crime,the injured number can affect the charges.In the third chapter,the legislation of this crime are explored,mainly aiming at the circumstances of the crime provisions,provisions of penalty setting and subject of crime analysis,expounds its existing defects,put forward some suggestions.