The Research On Some Points Of The Espionage Crime

According to the criminology, the espionage crime is not a single name of crime, but a general idea of crimes which relate to espionage activities. For that reason, out of question, it's so important to investigate and know its origin, evolution and characteristics. According to the penal legislation, the espionage crime has been reified into some accusations, so it's absolutely necessary to refine the prescript of these accusations in order to make the penal law more effective. Anyway, it's worthy to research some points of the espionage crime, both in theory and practice.In the first chapter, there is a summary of the espionage and the espionage crime. First of all, the espionage is not a concept of the penal law, but a concept of the international law (especially the law of war). Espionage has a long origin both in the eastern world and in the western world. Generally speaking, the traditionary espionages are interested in the political information and the martial information. Nowadays, because of the economic factor is more and more important in the competitions (these competitions have a wide range, including the internal competitions and the international competitions; the political competitions and the commercial competitions), the objects of the espionage have been changed: there are lots of economic espionages now. We can say that the economic espionage has equal significance with the traditionary espionage. For the espionage is very harmful, all the countries have espionage crime in their penal laws, that makes the espionage crime a concept of the penal law and the criminology. At first, it means the crime of espionage only, but with the development of the espionage, there becomes new content in the espionage crime: the economic espionage crime. The espionage crime has some important characteristics, for example, serious harm, multiplicity, confidential, various measures, technological, and so on. In the second chapter, the author has carefully researched the crime of espionage by the means of comparison. The author chooses some foreign penal laws, classifies them and analyses them. After that, the author has introduced the crime of espionage in Chinese penal law, including the evolution of this crime, the essential factors and the penalty of this crime. In this section, the author has noticed that there is a close relationship between the crime of espionage and the "Taiwan Problem". Since the "97 Penal Law" replaced the "crime of secret agent" for the "crime of espionage", the splittists often keep making use of this change for splittism. In the author's opinion, this is totally ridiculous, because the change of the penal law is consistent with the principle that "there is only one China in the world". After the introduction of the foreign and internal legislation, the author try to give analysis on some points of the crime of espionage, such as the benefit it offence, the behavior, the person who commit this crime, the subjective matter and the penalty of this crime. On one hand, the author try to point out the reasonableness of our penal law; on the other hand, it is more important to find out the problems in our penal law and give some advice.After the matting of chapter 1,in the third chapter, the author does some research on the economic espionage crime. Should the economic espionage be regarded as a civil or a criminal matter? The foreign scholars have controversy on this question. In the author's opinion, it's not reasonable to simply regard the economic espionage as a civil matter, and this kind of protection has lots of shortage, it can't meet the need of practice. For that reason, the economic espionage must be regarded as a criminal matter. After that, the author does some research on the foreign legislation about the economic espionage, especially the American (EEA). It gives a heavy strike on economic espionage crime, and provides protection which have wide range. This is really unusual in other countries' legislation. Besides this,