A Study On The Legal Issues Defined By State Secrets

Security classification is the foundation of secrecy work, scientific classification is a preliminary issues. There are many questions in secury classification of our country’s secrecy work for a long time, such as classification random, security is on the high side, declassification not timely. The veracity of classification not only cause the state administrative resources waste, and makes the confidential work lose their scientific and seriousness, which directly influences the secrecy administration according to law level and ability. The new Act of safeguarding national secrets defined as relatively substantially adjust, obtained certain progress. Many problems in our secrecy work in practice, it seems there is still room for improvement through the analysis and comparison of abroad secrecy legislative and system. In the thesis,we try to find a way suited to the development of Chinese secrecy legislative and make recommendations accordingly.The thesis is composed of four chapters.The1st chapter is the theory review of National secrets, detailed analysis of the legal implications of national secrets, to clarify the associated legal concepts involved, and reviews the history since the founding.Through defined concepts and elements involved national secrets made the necessary theoretical groundwork and prepare for the commencement of the subsequent chapters;In chapter2,we analyze our current secrecy legal system especially the implementation of new Act of safeguarding national secrets,then analyze and compare the different modes of major countries in Europe and America, systematically summarized for the postamble section provides the reference path; In chapter3,we discuss the theory of national secrets to define boundaries and legal principles through the the contrast of "Safeguarding national secrets" and "open government information". In chapter4,summarized on the basis of the above, from improve four aspects of person in charge of determining national secrets, the system of national secrets declassification and so on give some Suggestions, further improve our country’s Security classification work.