Research On The Crime Of Disclosing And Reporting Confidential Information

With the advancement of the Internet era,public opinion has been deeply integrated into the track of social development,affecting the direction of social thinking.The media industry is in line with the wave of informatization coverage,and further takes the initiative in the guidance of public opinion and plays a vital role in judicial activities.However,there is a limit to the supervision of judicial trials.Some cases that should not be disclosed are also disclosed in the wave of informatization,which seriously interferes with the normal judicial order of the judicial organs and damages the legitimate rights and interests of the parties.The Criminal Law Amendment(IX)incorporates the act of disclosing and reporting case information that should not be disclosed into the criminal law.The establishment of this crime helps to maintain judicial justice.However,in the provisions of the constitutional elements of crimes,there are still many defects including the uncertainty of the scope of the subject,and the uncertainty of the rank of the main and secondary objects.Based on the theory of three-class crime constitution,this paper analyzes and clarifies its constitutive elements in sequence,including the exclusion of the form of negligence and the negation of the cause of the expected possibility.In addition,further analysis of the form of the crime,the judicial practice to identify the crime to provide a certain degree of reference.After a comparative analysis with other similar crimes,this paper summarizes the various problems existing in the legislation of this crime,and calls for a reasonable combination of the relevant provisions on the prohibition of employment and this crime,so as to promote the integrity of this crime in the protection of legal interests to a greater extent.Based on the evaluation of relevant extraterritorial legislation,it is proposed that China should further improve and clarify the constituent elements of the crime from the legislation,promote the implementation of the statutory requirements of crimes,and prevent this crime from being abused in judicial practice,thus guarantee the judicial independence and fairness in China.