The Public Sector Secret Legal Research In The Context Of Government Information Disclosure

The state secrets system, known as the guardian of national security and interests, has made a significant contribution to the construction of China in the past 20 years. However, in the current context of the government information disclosure, the contradiction between China to strengthen the system of secrecy and the modern democratic states seeking the realization of the right to know have become increasingly prominent. The existing security system has serious flaws in many ways, such as the guiding ideology, the definition of state secrets, the people who determine the secret, the program system and the relief mechanisms, which seriously hindered the development of open government information and the realization of citizen's right to know. Therefore, it is particularly important to improve China's secrecy in the context of the Government Information Disclosure. Under the sun of the government information disclosure, the contours of state secrets should be clarity. Not only to protect state secrets, but also open the information which is not a secret; not only to safeguard national security and interests, but also safeguard the citizen's right to know to achieve. Security system must be designed to balance the confidentiality and open of information.This article, based on current Privacy Act and its amendments, starts with the analysis on the new situation of China's security system brought by the information disclosure practices, demonstrates two relationship Issues of security system which need to address in the environment of the Government Information Disclosure, and put forward a balanced thinking of the information confidentiality must have a comprehensive consideration on building information disclosure. At the same time, I believe that the confidentiality reform in China should also benefit from the successful absorption of foreign advanced system design and practices, in order to achieve a multiplier effect. So the article examines the legislation and its contents of the confidentiality of information in US, Britain and Canada, and has briefly induction in the legislative framework, secret areas, close subject and safeguards, etc. To the theoretical basis and value guidelines, it is possible to understand and confidential comments on the existing system, and discover the problems of the relief system in the guiding ideology, the scope of confidentiality, the body who set secret, the confidentiality procedure and the relief system. On this basis, Combination at the beginning content of this paper, the paper analysis the practical necessity of confidentiality improvement from the overall positioning of modern security system, the structure of the existing security system and the situation of the current state secrets in the public domain, and makes some improvement suggestions, in order to be helpful of the ongoing Secrets Act amendments.