Approved State Secrets And Judicial Review

Along with the social democratization and legalization further, to state secrets protection legal system construction work has been improved gradually, and in order to ensure the scientific work,. In our country to state secrets existing such as approved a tight broad, define standard fuzzy some problems, resulting in practice produced a large number of state secrets, became the shield of government information And our objection only internal oversight of state secrets, state secrets litigation, the court are taken not to review the principle of state secrets no external oversight mechanisms. I hope that through the study of the subject, approved state secrets and judicial review to make some suggestions to improve the the state secrets approved and judicial review, in order to control of the state secrets law, protect the information public.This paper is divided into four parts discussed. The first part describe the study of the basic problems of the basic theoretical overview of the state secrets, the connotation and characteristics of the state secrets, and the difference between state secrets and commercial secrets, work secret, in order to clear the connotation and denotation of state secrets.The second part is approved for Present Situation of China’s state secrets study were approved subject to state secrets, the approved procedures, the review of the state secrets were analyzed three aspects, finishing line status of legislation, and the problems. The first responsible person system in China is in the initial stages of development, so there are some problems, such as responsible person more casual, in the office of the conditions are no specific provisions; The second China’s legislative program approved for state secrets is not clearly defined, there is no program at all. this will lead to state secrets to the approved work casual; Again state secrets in practice as a pretext, even to enter the stage of the proceedings, the court is taken not to review the principle, allow the existence of state secrets, so can not oversee the State Secrets approved work, resulting in a large number do not really state secrets against the public’s right to knowThe third section describes the United States and Russia, through a comparative study between the two countries on the scope of the state secrets, approved standard, approved procedures, and benefit from the meaningful aspects of the relevant provisions of the state secrets to perfect our country secretly approved work.The fourth part is approved by China’s state secrets perfect, from the basic principle of state secrets approved, approved by the principal, the approved program approved based on elements of the analysis, by drawing a comparison extraterritorial laws, approved work to improve China’s state secrets. Focus fixed Encryption Standard approved in the proposed state secrets, one is related to national security and interests; Second Once the public is injurious to national security and interests, and analyze the nature of the injury, combined with the consequences of the damage and to define the security classification of the approved standard regulate the division of guarding state secrets, the setting range of state secrets, to prohibit the the classified conditions above specification approved work of state secrets. This section also the state secrets judicial review, review of state secrets in the case of open government information should be taken the administrative reconsideration pre program to build an information disclosure committee, and fair evaluation of state secrets, the results of the evaluation as an administrative reconsideration organ the recommendations of the decision, decision by a comprehensive proposal of the administrative reconsideration organ. Finally, for the review of administrative proceedings, gradually from the legitimacy of standard and reasonable standards of state secrets for a judicial review of the jurisdiction of the executive power of supervision and control, to ensure the correctness of the state secrets.