The State Secrets Bureau Has Answered The Amendment Of The Confidentiality Law.

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Recently, the Standing Committee of the NPC Standing Committee on legal work,

Question: confidentiality law

A: state secrets are related to national security and interests. All countries attach great importance to the system construction of protecting and guarding state secrets, and China is no exception.

The revision and promulgation of the confidentiality law is conducive to the implementation of the principles and policies of the party and the state in keeping secrets under the new situation.

Two, it is conducive to the formation and improvement of the socialist legal system with Chinese characteristics.

Three, it is conducive to strengthening the capacity building of confidentiality in the new situation.

In the new situation, some new situations and new problems arising from secrecy work must be standardized and adjusted through the establishment and improvement of the system.

The revision of the law of secrecy is aimed at expanding new channels and problems, such as the expansion of the secret carrier channel, the diversification of the secret agents, the confusion of the secret and the secret, the lack of supervision and management, the difficulty of accountability, and so on. We should strive to scientifically define the scope of state secrets, improve the mechanism of the state secrets, and properly handle the relationship between secrecy and information disclosure; strive to realize the strict management of state secrets, improve the management system of secret carriers, secret places, secret personnel and secret activities; strive to improve the level of administration according to law, standardize and strengthen the functions of confidentiality administration, and focus on strengthening legal responsibilities to solve the problem of investigating and prosecute secrets.

The revised system of secrecy laws is obviously enhanced, and the protection and protection of state secrets will be further strengthened. The ability and level of secrecy work will be further improved, providing a more powerful legal guarantee for ensuring secrecy in the new situation and safeguarding national security and interests.

Q: the public is very concerned about the relationship between confidentiality and openness. How is the newly revised secrecy law considered in this regard?

Answer: secrecy and publicity are two aspects of a thing.

The fundamental purpose of doing a good job of secrecy and doing a good job in information disclosure is consistent with the aim of safeguarding the fundamental interests of the overwhelming majority of the people.

State secrets relations, national security and interests are closely related to the vital interests of the masses.

The party and the state attach great importance to properly handling the relationship between secrecy and openness, and constantly improve the related system construction.

First, clear the new policy of secrecy.

Two, we should reasonably handle information disclosure and confidentiality.

The three is scientific and standard confidentiality.

The revised secrecy law scientifically sets the standard of state secret matters, increases the responsibility system of the responsible person, standardizes the hierarchy and the jurisdiction of the secret, improves the procedures of secret and decryption, and provides the conditions for the rational utilization of information resources through the scientific setting of the confidentiality system.

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Q: in the process of soliciting comments and deliberations on the draft amendment to the secrecy law, the definition of "secret" has always been a hot topic. For example, the "secret life" of the secret hierarchy will be improved.

Answer: density is a source work.

One of the key points in the revision of this secrecy law is to improve the work of defining secrets, and strive to form a scientific and confidential mechanism with clear responsibilities, clear procedures, timely decryption and strong supervision.

The second chapter of the secrecy law mainly stipulates the scope and scope of secret matters, the system of defining secrets, the responsibility and authority for defining secrets, the content and process of secret work, the change and dissolution of state secrets, and the determination of unclear or controversial matters.

The contents of new and revised are as follows: first, establish a responsible person system.

The two is to collect confidential authority.

The three is to define the duration of secrecy.

The duration of secrecy of state secrets shall be no more than thirty years unless otherwise specified, and the confidentiality level shall not exceed twenty years, and the secret level shall not exceed ten years.

The four is to improve the decryption system.

It mainly stipulates two decryption ways of automatic decryption, examination and decryption.

Q: what are the new requirements for the confidentiality law?

In order to adapt to the needs of keeping confidential work according to law, standardize and strengthen the functions of the confidentiality administration department, this chapter adds a "supervision and management" chapter, and makes clear provisions on the supervision and management responsibilities of the confidentiality administrative departments, including:

One is the establishment of confidentiality rules.

The state secrets administrative departments shall, in accordance with the provisions of laws and administrative regulations, formulate confidentiality rules and state confidentiality standards.

The two is mandatory supervision.

If the confidentiality administrative department finds that the state secrets are determined, altered or released unproperly, it shall promptly notify the relevant organs and units to correct them.

The three is confidential inspection.

It is stipulated that the confidentiality administrative departments shall check the situation of confidentiality system of organs and units, and the relevant organs and units shall cooperate with them.

If the secrecy administrative department finds that any hidden danger exists in the organs or units, it shall request them to take measures to rectify the matter within a specified time. It shall be ordered to stop using the facilities, equipment and places where there are hidden dangers. For those involved in serious violation of the confidentiality provisions, it is suggested that the relevant organs and units be punished and pferred from the secret positions.

The secrecy administration department shall confiscate the state secrets carriers illegally obtained and held in secret inspection.

The four is the investigation of the case of leaked cases.

It is stipulated that the confidentiality administrative departments shall organize and conduct investigation and handling of leakage cases according to law.

If the secrecy administrative department finds that a state secret is suspected of being disclosed, it shall supervise and urge relevant organs and units to investigate and deal with it.

Those suspected of committing a crime shall be pferred to judicial organs for handling.

The five is classified authentication.

Those organs that need to handle cases suspected of divulging state secrets shall be identified by the state secrets administration departments or the confidentiality administrative departments of provinces, autonomous regions and municipalities directly under the central government if they need to identify whether the relevant matters belong to state secrets or what kind of classified secrets they belong to.

The six is punishment supervision.

If the organs or units do not punish the personnel who violate the confidentiality provisions in accordance with the law, the confidentiality administrative departments shall propose correction, and refuse to correct them, and bring them to the next level organs or supervisory organs to deal with the leaders and persons directly responsible for the organs and units in accordance with the law.

Q: is there any new provision for confidentiality law regarding confidentiality?

Answer: in order to strengthen the protection of state secrets and severely punish the illegal acts of disclosure, the revised secrecy law focuses on enhancing the operability of accountability in the legal liability section, while strengthening the accountability of leaders and secret departments of organs, units.

First, the legal responsibility for serious breach of confidentiality provisions is clarified.

Two, it is clear that there is a serious leaking case or improper legal liability.

The three is to clarify the legal responsibilities of the Internet and other public information network operators and service providers.

The four is to clarify the legal responsibility of the staff of the confidentiality administration department.