Some Difficult Problems Of Deliberately Leaking State Secrets Crime

Deliberately leaking state secrets classified as a crime of the offense which acts as one of the most important crimes, with China's political and economic development, resulting in a number of new changes, and the number of such crimes has also shown an increasing trend year by year. But in the current speaking, there are many problems in the judicial practice did not get the complete reunification, many are great controversy, some still need to perfect place worth us to make further efforts. For instance, involved area is to state secrets, the criminal subjects define whether they contain non-national functionaries, legislation pattern whether should adopt the mode:separated is more reasonable, which has led to the legal punishment of modification and so on, all of which require in the legislation making further regulation and the consummation. In this thesis, using the method of case studies and comparative analysis, which intends to China's criminal law with the relevant provisions to discuss deliberately leaking state secrets in theory and practice of some difficult problems, combined with extra-territorial related charges in the legislation, the crime improve its own proposals. Addition to the introduction and conclusion, the thesis is divided into four parts, and the main contents are as follows:The first part is an overview which mainly introduces the legislative history of secrecy and identifies issues related to state secrets. How to determine the charges in this matter which should be discussed in the article based on the analysis of two diffe-rent points of view that the judicial interpretation, due to the article 398 of Criminal Law which identifies willful leaking state secrets and negligence leaking state secrets crime is very appropriate. In the identification of the state secret, through lawyer Yu Ping's case of leaking state secrets, then come to our current Secrets Act has problem-s of three main aspects:First, the scope of state secrets is general and broad; second, the level of dense body is too broad; Third, article 46 on state secrets involved in the identification belongs to unilaterally identification, and there is suspect of later identi-fication which disobey the rule of law in some way. The second part mainly defines between crimes and non-crimes deliberately leak-ing state secrets. The thesis is described in three aspects respectively. First, the perp-etrator is subjective intent; second, leaks state secrets; finally, the plot is serious eno-ugh.The third part focuses on the problems of deliberately leaking state secrets charges and other classified boundaries issues, such as illegally obtaining state secrets, stealing, spying, buying and illegally providing state secrets and intelligence crimes, illegal possession of state top-secret, confidential, documents, materials and articles for crimes and violating commercial secrets and so on. Through the identification between crimes and other crimes, the author proposes his own views on problems of related crimes and legal provisions concurrence, one of the penalties should be implemented with heavy punishment; second, the establishment scope of concurrence articles include two forms of co-tolerance concurrence and cross concurrence. To co-tolerance concurrence, measures should be taken to the principle, but not ordinary laws and for the case of cross concurrence; we can rather take the punishment principles of heavy law than light law.The fourth part is the end of the thesis as the section for improvement. According to shortcomings of the purpose of the existing criminal law provisions of leaking stat-e secrets, the thesis put forward its own advice:first, perfect the stipulations of the c-riminal law of confidentiality laws; second, scientifically and rationally set the syste-m of deliberately leaking state, and the charges includes criminal law, the crime of endangering national security chapter; Third, a discrete legislative model which redu-ces the fault punishment to the crime of divulging State secrets; Fourth, set criminal fines and a qualification penalty additionally.