The Research On The System Of Safeguarding State Secrets On The Background Of Information Disclosure

Information disclosure is becoming more and more popular all over the world. With that《Government Information Disclosure Ordinanee》came into effect in 2008, the conflict between old《Law concerning Safeguarding State Secrets》and the system of information disclosure has been more obvious,so that many people voice the will of amendment of the old Act.The new《Law concerning Safeguarding State Secrets》has been passed in apri 29 of 2010, and came into effect in october 1 of 2010. The new Act has progressed in the people for determining state secrets and his authority, but also has regret in the scope of state secrets. After the amendent, it is necessary to comprehensive analysis of the progress and problems.This article, based on the amendment, starts with some issues about safeguarding state secrets on the background of information disclosure, including the relationship between information disclosure and safeguarding state secrets, current situation of our information disclosure system, and the course of the amendment. The second chapter focus on comparatively analysising the old and new laws. In this chapter, I point out the significance of the new standard of determining state secrets, new system of person in charge of determining state secrets, new regular review system, and especially the progress in the people for determining state secrets and his authority. Meanwhile, I also have regret in the scope of state secrets, the procedure provisions, and the dispute settlement system. In chapter three, I compare the standard of determining state secrets, the scope of state secrets, the people for determining state secrets and his authority, the dispute settlement system and so on with other countries and regions, then point out the advanced experience that we can learn. The last chapter, based on the front contents, is about the opinions on improving the system of safeguarding state secrets. I consider that we should think about the relationship between information disclosure and safeguarding state secrets, and confirm that"principle is disclosure, exception is otherwise". And then, I put forward the specific suggestions in the scope of state secrets, the procedure provisions, and the dispute settlement system, etc.