Studies On The Issues Involved In The Crime Of Intentional Disclosure Of The State Secret

In recent years, the cases of the intentional disclosure of the state secret occurred frequently, which brought serious damage to the state security and interests and severely intervened and destroyed the social life order and the normal work order of the state organs. In order to correctly apply the criminal law to fight against the crime, it is necessary to analyze and research the crime in the theory and the issues in the judicial practice.This paper discusses several issues with great controversies in the crime of intentional disclosure of the state secret and proposes the opinions of the author. This paper is composed of eight parts: Part One puts forward the question, Part Two discusses the subject of the crime, Part Three elaborates the “state secret” of the crime, Part Four discusses the objective act of the crime, Part Five makes understanding on the “serious circumstance” of the crime, Part Six discusses whether the legal sentence should be consistent in case of intention and negligence, Part Seven elaborates the attempted offender of the crime, and Part Eight probes into the crime numbers of the crime.Part One proposes the question. The author narrates the case, proposes several significances of the crime and shows the research directions and significances of this paper.Part Two discusses the subject of the crime. The subject of the crime has the controversy of common subject and special subject and the author respectively analyzes the two opinions and proposes his own opinions and defines the scope of the subject of the crime. At the meantime time, the author proposes his own opinions on the rationality of the scope of the special subject of the crime and whether the unit can be the subject of the crime.Part Four discusses the “state secret” of the crime. The cognizance on the state secret is an important link to differentiate guilt or innocence. The author elaborates the concepts, characteristics, categories and decryption condition of the state secret, fully understands the key points thereof so as to facilitate the correct understanding on the crime.Part Four discusses the act mode of the crime. This part specifically analyzes the meaning of disclosure of the state secret and the specific disclosure modes, proposes the author’s understanding on the act that the state secret is known to the person who should not know the secret and the state secret goes beyond the scope of the limited touching scope and elaborates the circumstance where the omission act results in the disclosure of the state secret.Part Five understands the “serious circumstance” of the crime. The “serious circumstance” is the necessary constitutive element of the crime and this part analyzes and discusses the act with the “serious circumstance” prescribed in the judicial interpretation and proposes the author’s opinions on the acts with the “serious circumstance”.Part Six discusses whether legal sentence on intention and negligence should be consistent. This part elaborates the punishment on intention and negligence in the criminal law and deeply discusses whether legal sentence on intention and negligence should be consistent and proposes the author’s opinions.Part Seven discusses the attempted offenders of the crime. The crime falls into the pure circumstance offender and different scholars hold differently on whether the circumstance offender has the form of the attempt and the author analyzes and discusses the two opinions and proposes his own opinions and in combination with the fact of the case, analyzes and illustrates the constitutive conditions of the attempt of the crime.Part Eight discusses the crime numbers of the crime.