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What is a state secret?
State secrets are matters related to national security and interests, which are determined in accordance with legal procedures and are only known to a certain range of people in a certain period of time.
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What is a secret?
The so-called secret is relative to openness, and it is the general name of things that individuals or groups need to hide, protect, restrict and keep from external objects in order to protect their own security and interests within a certain time and scope. There are three basic elements that constitute a secret: one is concealment; The second is unpredictability; The third is timeliness. Generally speaking, secrets are temporary, relative and conditional, which is determined by the nature of secrets.
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What is the basic scope of state secrets?
1, secret matters in major decisions of state affairs;
2. Secret matters in national defense construction and activities of armed forces;
3. Secret matters in diplomatic and foreign affairs activities and matters with confidentiality obligations;
4. Secret matters in national economic and social development;
5. Secret matters in science and technology;
6. Safeguarding national security activities and tracing secret matters in criminal offences;
7. Other state secrets that should be kept confidential as determined by the state secrecy department.
Among the secret matters of political parties, those that meet the constitutive requirements of state secrets belong to state secrets.
The following matters shall not be determined as state secrets:
(1) It needs to be widely known or participated by the public; (2) Belonging to work secrets, business secrets and personal privacy;
(3) It has been made public according to law or the scope of knowledge cannot be controlled;
(four) the laws, regulations or relevant provisions of the state require disclosure.
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What is a work secret?
Working secrets are generated in the official activities of the state, which are not state secrets and should not be disclosed publicly.
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What is a trade secret?
Article 10 of the Anti-Unfair Competition Law of People's Republic of China (PRC) stipulates that the trade secrets mentioned in this article refer to technical information and commercial information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept confidential by the obligee. It mainly includes: business work planning, planning, important commodity reserve plan, inventory quantity, purchase and sale balance figures, bill anti-counterfeiting measures, financial and accounting statements; Inventory, supply, allocation quantity and flow direction of military commodities; Commodity import and export intention, plan, quotation scheme, pre-tender information, foreign exchange quota, and disease detection data; Production formula, technical know-how, major scientific and technological projects, secret technology and its sources, communication security, etc. of special commodities.
06 classification of state secrets
State secrets are classified into top secret, secret and secret.
"Top secret" is the most important state secret, and its disclosure will cause particularly serious damage to national security and interests; "Confidential" is an important state secret, the disclosure of which will seriously damage the security and interests of the country; "Secret" is a general state secret, the disclosure of which will harm the security and interests of the country.
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What is the policy of keeping state secrets? What does it mean?
Article 4 of the Secrecy Law stipulates that the work of guarding state secrets shall follow the principle of active prevention, highlighting key points, ensuring state secrets and facilitating all work.
"Active prevention" is to put the foothold and focus of confidentiality work on prevention, take precautions and nip in the bud. The specific work is as follows: First, strengthen publicity and education on confidentiality, enhance the legal concept of confidentiality of all citizens, especially state workers, and improve the consciousness of guarding state secrets; Second, we must establish, improve and strictly implement the confidentiality laws and regulations and the confidentiality system; Third, actively develop and use advanced security technology, and use advanced scientific and technological means to prevent leakage and theft; The fourth is to establish and improve the supervision and inspection mechanism and strengthen the supervision and inspection of confidentiality; Fifth, we should strengthen the investigation and study of new situations and new problems.
"Highlighting the key points" means that in the secrecy work, on the basis of fully implementing the Secrecy Law, we should distinguish the situation from the aspects of classification, location and personnel, so as to ensure that the personnel of key units and key departments (parts) that master state secrets will not have problems.
"Ensuring state secrets and facilitating all work" means correctly handling the relationship between confidentiality and various business work, and ensuring that confidentiality and business work are correct.
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What is a leak?
Leaking refers to one of the following acts in violation of confidentiality laws, regulations and rules:
1, let people who shouldn't know know state secrets;
2, make state secrets beyond the limited scope of contact, and can not prove that they are not known to people who should not know.
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What kinds of state secret carriers are there?
State secret carrier refers to the object that carries state secret information. Specific state secret carriers mainly include the following categories:
1. A paper media carrier that records state secret information by words, graphics and integration. Such as state secret documents, manuscripts, documents, archives, telegrams, letters, statistics, charts, maps, photos, books and other graphic materials. People usually call it state secret documents and materials.
2. A carrier for recording state secret information with magnetic substances. Such as computer disks (including floppy disks and hard disks), magnetic tapes, audio tapes, video tapes, etc. Record state secret information.
3. Recording the carrier of transmitting state secret information with electric signals and optical signals. Such as radio waves and optical fibers.
4. Equipment, instruments, products and other carriers containing state secret information.
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Under what circumstances should state secrets be decrypted? How to decrypt it?
State secrets are decrypted in the following three situations:
1, self-decryption. Any state secret that has expired shall be declassified by itself, without performing the declassification procedure or prior notice. After being officially announced by the competent departments and units, it shall be deemed as declassified and exempted from notice.
2. Decryption in advance. State secrets whose confidentiality period has not expired will not harm national security and interests after disclosure due to changes in circumstances; Generally speaking, if the public matters are more beneficial to the country and there is no need to keep them confidential, the organs, units or their higher authorities that originally determined the classification can decrypt them in advance. And promptly notify the relevant organs and units.
3, according to the higher authorities and the relevant security departments to decrypt the notice.
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How to determine the confidentiality period of state secrets?
According to the Provisions on the Secrecy Period of State Secrets, when determining the classification of state secrets in accordance with the Provisions on the Specific Scope of State Secrets and Their Classification, all organs and units shall also determine the confidentiality period. Unless otherwise specified, the confidentiality period of state secrets shall not exceed 30 years for top secret, 20 years for secret and 10 year for secret. If the confidentiality period is over one year, it shall be calculated on an annual basis; If the confidentiality period is less than one year, it shall be calculated on a monthly basis.
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According to the secrecy law, what secrecy measures should be taken for top-secret state secret documents and materials?
Article 18 of the Secrecy Law stipulates that the following security measures must be taken for top-secret state secret documents, materials and other articles:
1, and shall not be copied or extracted without the approval of the organ or unit that originally determined the classification or its superior organ;
2. Sending, receiving, delivery and execution shall be held by designated personnel, and necessary safety measures shall be taken;
Put it in a well-equipped safety device.
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What legal responsibilities should those who violate the secrecy law and cause leaks bear?
Secrecy Law and Chapter IV Legal Liability Provisions of the New Criminal Law:
1. Whoever intentionally or negligently divulges state secrets in violation of the provisions of the Secrecy Law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
2. Whoever steals, spies on, buys or illegally provides state secrets or information for overseas institutions, organizations and personnel shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
3, in violation of the provisions of the "Secrecy Law", leaking state secrets, which is not serious enough for criminal punishment, can be given administrative sanctions as appropriate.