Research On The Crime Of Disclosing Uninformed Case Information And Judicial Determination

The crime of divulging undisclosed case information is a new crime in the "Criminal Law Amendment(9)".In the information society and the Internet age,the important information involved in litigation cases is easily divulged.Some disclosures of undisclosed cases can easily lead to judicial authority being challenged,causing great difficulties to the national interest and parties,and disclosure should not be made public.The crime of case information came into being.This legislative example is advanced in the world.The criminal guest system of the crime of disclosure of case information that should not be disclosed is a complex object,which is related to the order of the lawsuit on the one hand,and the state secrets,privacy of the parties or trade secrets on the other;this complex object determines the standardization of important conditions such as objective crimes..The specific definition of case information that should not be disclosed depends on the judgment of a complex object.The information in cases that should not be heard publicly does not belong to the case information that should not be disclosed,and there is no irrelevant state secret in cases that should not be heard publicly.The disclosure of information about the privacy of a person,the privacy of another person,minors,or trade secrets does not constitute a crime.The disclosure of undisclosed case information is a true identity crime.The lack of legal status of judicial staff,defenders,litigation agents,or other participants in the proceedings is not a conviction.The person without identity cannot establish this crime alone.Through abetment,help,and joint implementation of the accomplice can establish the crime.The subjective aspect of the crime of revealing undisclosed case information is intentional,and the crime is not established.This article intends to conduct an in-depth discussion on the crime of revealing case information that should not be disclosed.The full text is divided into four parts,the specific content is as follows:The first part introduces the research significance of the crime of disclosure of case information that should not be disclosed and the research status at home and abroad.The research content of this article and the innovation of this article’s research are pointed out.These preparations made preparations for the successful conduct of the crime investigation of the disclosure of undisclosed case information.The second part is the legislative analysis of the crime of revealing the case information that should not be disclosed.Explain the legislative background of the crimes of divulgating undisclosed case information in China,and compare the relevant legislation outside the territory,thus summarizing the legal characteristics of such crimes abroad,and providing ideas and legislation for the judicial application of the crime of divulging undisclosed case information in China.Provide reference.The third part analyzes the constitutional characteristics of the crime of disclosure of case information that should not be disclosed.Focusing on the subject,object,subjective aspects,and objective aspects,it analyzes the constitutive features of the crimes of disclosure of case information that should not be disclosed,and focuses on issues such as what the legal interest protected by the crime is and what should not be disclosed.Complete the initial deconstruction of this sin.In the fourth part,the judicial discovery of the crimes of disclosure of undisclosed case information is a problem.Some thoughts on the application of the crime in the application of the judiciary were made,from the crime and the disclosure of information,the crime of disclosure of case information that should not be disclosed,and the crime of revealing the state secret,the identity of the individual who had done so,the unfinished form of the crime,and the violation of the law.Other aspects are discussed.