Basic knowledge of confidential publicity and education

A: All kinds of social relations that people have in activities involving state secrets are called confidential relations. Secrecy law is the general name of legal norms to adjust the confidentiality relationship.

2. When were the secrecy law and the measures for its implementation promulgated and implemented respectively?

A: The Law of People's Republic of China (PRC) on Guarding State Secrets (hereinafter referred to as the "Secrecy Law") was deliberated and adopted by the Third Session of the Standing Committee of the Seventh NPC on September 5, 2008, and came into force on May 0, 2009. The Measures for the Implementation of the Law of People's Republic of China (PRC) on Guarding State Secrets (hereinafter referred to as the Measures for the Implementation of the Secrecy Law) was approved and promulgated by the State Council on April 25th, 1990, and shall come into force as of the date of promulgation.

3. What is the function of the secrecy law?

A: The secrecy law has three functions:

(1) is a legal weapon to ensure the security of state secrets;

(two) according to the needs of socialist modernization, a major reform of the security work;

(3) It is the fundamental basis for perfecting and perfecting China's secrecy laws and regulations system.

4. What is the significance and function of the promulgation and implementation of the secrecy law?

A: The Secrecy Law is the first relatively complete law in China since the founding of the People's Republic of China, which adapts to the situation. Its promulgation and implementation is of great significance and role in adjusting and strengthening the secrecy work in the new period. First, the secrecy law is a legal weapon to protect state secrets, safeguard national security and interests, and crack down on crimes of leaking and stealing state secrets. Its promulgation and implementation provide a legal basis for us to accurately crack down on the criminal activities of revealing state secrets and stealing, spying, buying and illegally providing state secrets for overseas institutions, organizations and personnel. Second, the secrecy law is the code of conduct for all organs, units and citizens to keep state secrets. The formulation, promulgation, study, publicity and implementation of the secrecy law will help all citizens, especially state functionaries, gradually enhance their sense of secrecy, strengthen their concepts of friend or foe, secrecy, discipline and legal system, and gradually form a good social trend of consciously guarding state secrets. Thirdly, the secrecy law is the basis of building China's secrecy laws and regulations system, which fundamentally stipulates the principles, principles and important measures for the construction of China's secrecy legal system. Fourthly, the secrecy law is a legal norm to deepen the reform of China's secrecy work and strengthen its management, and it is also a guide to guide the deepening reform of China's secrecy work. The Secrecy Law stipulates in principle the establishment and authority of the state and local governments and the central competent department, which is of great significance for improving the secrecy management system and strengthening the secrecy work, and brings the state secrecy work into the legal management track.

5. What is the purpose of the secrecy law?

A: The purpose of enacting the secrecy law is to keep state secrets, safeguard national security and interests, and ensure the smooth progress of reform, opening up and socialist construction.

6. What is the working policy of keeping state secrets? What does it mean?

A: 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.

7. What is the main content of the leadership responsibility system for confidential work?

A: The content of the responsibility system for leading cadres' confidentiality is mainly to implement "who is in charge and who is responsible; Where the business work of leading cadres is managed, the confidentiality work is managed; Security work and business work should be planned, arranged, inspected, implemented and summarized. "

8. What is confidential education?

A: Confidentiality education refers to the ideological and political education and the dissemination of professional knowledge for all citizens, especially the staff of state organs and key departments. It is an integral part of the propaganda and education work of the party and the state, and it is the ideological basis and important link of the whole secrecy work.

9. What is a state secret? What are the characteristics?

A: State secrets are matters related to national security. They are determined according to legal procedures and are only known to a certain range of people in a certain period of time. State secrets have three characteristics: first, they are essential. That is, state secrets must be closely related to national security and interests. The second is procedural characteristics. That is, state secrets must be determined in accordance with the procedures prescribed by national laws and regulations. The third is the characteristics of time and space. In other words, state secrets must and can be known to a certain range of people within a certain period of time.

10. How to classify state secrets?

A: The classification is based on the degree to which the state secrets, once leaked, can or may cause harm to national security and interests. The degree of harm is different and the classification is different. The more serious the hazard, the higher the safety level. The Secrecy Law classifies state secrets into three levels: top secret, confidential and secret.

(1) "Top secret" is the most important state secret, and its disclosure will cause particularly serious damage to national security and interests;

(2) "Confidential" is an important state secret, the disclosure of which will seriously damage national security and interests;

(3) "Secret" is a general state secret, the disclosure of which will harm the national security and interests.

1 1. What is a work secret?

A: It refers to matters that are not state secrets and should not be made public by government organs and units at all levels in their official activities and internal management.

12. What is a trade secret?

Answer: Technical and business information that is unknown to the public, can bring economic benefits to the obligee, is practical and kept confidential by the obligee.

13. What is technology secrecy?

A: Scientific and technological secrets are part of state secrets. They refer to scientific and technological achievements and key technologies that are determined according to legal procedures and are known only to a certain range of people in a certain period of time and are related to national security and interests. Scientific and technological achievements include scientific theory achievements, applied technology achievements and soft science achievements. Key technologies include staged scientific and technological achievements, technical know-how and traditional technologies.

What is a military secret?

A: Military secrets refer to state secrets involving military aspects. Military secrets are an important part of state secrets. The scope and classification of military secrets shall be stipulated by the Central Military Commission (CMC).

15. What is a confidential person?

A: Secret-related personnel refer to those whose work nature is related to state secrets, including all those who are exposed to state secrets in brewing, manufacturing, storage, transmission, use and destruction due to work needs.

What is secret information?

A: According to the judicial interpretation of the the Supreme People's Court Judicial Committee, "intelligence should belong to the secret information of China's politics, economy, military affairs, science and technology, etc., which is related to national security and interests."

17. What are the basic scopes of state secrets?

A: (1) Secret matters in major decisions of state affairs;

(2) Secret matters in national defense construction and activities of the 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;

(five) scientific and technological secrets;

(six) activities to safeguard national security and trace the secrets of criminal offences;

(seven) other state secrets that should be kept secret as determined by the state secrecy department.

18. What are the consequences of making a matter public and should be included in the specific scope of state secrets and their classification?

A: (1) endangers the consolidation and defense capabilities of state power;

(2) Affecting national unity, national unity and social stability;

(3) damaging the political and economic interests of the state in foreign activities;

(4) Affecting the safety of state leaders and foreign dignitaries;

(five) endangering the important national security work;

(six) reduce the reliability of state secret protection measures or make them invalid;

(seven) weaken the country's economic, scientific and technological strength;

(8) State organs can not be guaranteed to exercise their functions and powers according to law.

19. Why should we classify state secrets?

A: The purpose of determining the level of state secrets is to make every specific matter within the scope of confidentiality a state secret recognized and protected by relevant state laws and regulations, so that relevant units and personnel can take different security measures according to different levels of state secrets and protect national security and interests to the maximum extent.

20. What are the main channels for revealing state secrets at present?

A: (1) Leaks in foreign exchanges and cooperation;

(two) news publicity and publication leaks;

(3) loopholes in communication and office automation;

(four) information disclosure consulting services;

(5) Leaks caused by personnel flow;

(6) A few people are driven by self-interest to illegally provide or sell state secrets;

(7) computer leaks online.

2 1. Which organ determines the specific scope of state secrets and their classification?

A: The specific scope of state secrets and their classification is referred to as the scope of confidentiality. According to the provisions of the Secrecy Law, the specific scope of state secrets and their classification shall be stipulated by the state secrecy department in conjunction with relevant central organs such as foreign affairs, public security and national security. The specific scope of national defense secrets and their classification shall be stipulated by the Central Military Commission (CMC).

22. What is something that only a certain range of people know in a certain period of time?

A: Any secret thing is something that people know within a certain range within a certain period of time. The so-called keeping state secrets is essentially the control of state secrets in terms of confidentiality time and contact scope. Unauthorized disclosure or unauthorized expansion of contact is a leak.

23. How to determine the confidentiality period of state secrets?

A: According to the provisions on the confidentiality period of state secrets, all organs and units should also determine the confidentiality period when determining the classification of state secrets according to the specific scope of state secrets and their classification. 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.

24. For matters that are not clear whether they belong to state secrets, how to determine the classification and duration of confidentiality?

A: For matters that are not clear about whether they belong to state secrets, the organ or unit that generated the matter should draw up the classification and duration of confidentiality in time, and apply for confirmation in accordance with the following provisions within ten days:

(1) The competent business matters shall be reported to the superior competent business department which has the right to determine the safety level of the matters;

(two) matters belonging to other aspects, which are determined to be top secret after examination by the government secrecy department at the same level, shall be reported to the state secrecy department for confirmation; If it is confidential, it shall be determined by the secrecy department of the province, autonomous region or municipality directly under the Central Government or its superior secrecy department; As a secret, it shall be determined by the city where the government of the province or autonomous region is located and the larger city approved by the State Council or its superior secrecy department.

25. What is decryption? What are the decryption conditions of state secrets?

A: Decryption refers to the process of lifting the classification of a state secret through certain forms or procedures in accordance with the relevant provisions of the secrecy law, so that it is no longer restricted by secrecy laws and regulations and confidentiality management measures. Article 15 of the Secrecy Law stipulates that state secrets within the confidentiality period shall be decrypted in time under any of the following circumstances:

(1) The disclosure of this matter will not harm national security and interests;

(2) From a global perspective, openness is beneficial to the country.

26. What is self-decryption?

A: State secrets that have exceeded the confidentiality period or have been made public according to law are said to have been decrypted by themselves.

27. Under what circumstances are state secrets declassified?

A: State secrets are decrypted in the following three situations:

(1) will be decrypted automatically after the confidentiality expires, and there is no need to perform decryption procedures.

(2) After being officially announced by the competent departments and units and made public according to law, it shall be deemed as declassified.

(3) During the period of confidentiality, if it is no longer necessary to keep it confidential due to changes in circumstances, the organ or unit that originally determined the classification or its superior organ may decide to decrypt it. After decryption, the relevant organs and units shall be notified.

28. When a carrier belonging to a state secret is lost or unaccounted for, how should it be handled qualitatively?

Answer: Documents, materials or other articles belonging to state secrets whose whereabouts are unknown and have not been found within the top secret level 10 and the confidential level within 60 days shall be treated as leaks.

29. What are the types of state secret carriers?

A: First, the paper media that records state secret information with words, figures and symbols; The second is a magnetic medium that records state secret information with magnetic substances; The third is to record and transmit state secret information with electricity and optical signals; Fourth, carriers such as equipment, instruments and products containing state secret information.

30. What security measures must be taken for state secret documents, materials and other items?

Answer: (1) It is not allowed to copy or extract without the approval of the organ or unit that originally determined the security level or its superior organ;

(2) Send, receive, deliver and execute with designated personnel and take necessary safety measures;

(3) Keep it in a well-equipped safety device.

3 1. What is the general procedure for determining state secrets?

A: The Secrecy Law stipulates: "All organs and units shall, in accordance with the provisions on the scope of confidentiality, determine the classification of state secrets in a timely manner, which shall not exceed ten days at the latest." This is the most basic rule of confidentiality. The general procedure of secret classification refers to the procedure applicable to the organs and units that generate state secret information when determining state secrets and their classification. The general procedure is:

(1) The undertaker puts forward classified opinions according to the provisions on the scope of confidentiality;

(2) safety personnel audit;

(3) Approved by the competent leader;

(4) Make written records;

(5) determine the scope of knowledge.

32. How to make a symbol of state secrets?

A: Once state secrets are generated, they should be marked on the carrier as required. The symbol of state secrets consists of three parts:

(1) Classification of state secrets ("top secret", "secret" and "secret"),

(2) the symbol "★" of state secrets,

(3) Confidentiality period (year, month or long term under special circumstances). The form of specific signs is: from left to right: security level+sign ★+confidentiality period. For example, the sign "Top Secret ★ Long-term" indicates that the carrier belongs to top secret state secrets, and the confidentiality period is long-term; "Confidential ★ 10 year" means that the item is confidential and the confidentiality period is ten years; "Secret ★6 months" means that the item is classified as secret and the confidentiality period is 6 months; "Confidential ★" does not indicate the confidentiality period, that is, according to the basic confidentiality period, the confidentiality level is 10 year, the confidentiality level is 20 years, and the top secret level is 30 years.

For those who cannot indicate or indicate the classification and duration of confidentiality, such as oral materials, unformed documents, some equipment and articles, etc. In this case, the organs and units that produce state secrets shall inform the organs, units and personnel within the contact range of their classification and duration in a certain form.

33. What is the legal disclosure of state secrets?

A: State secrets are made public according to law and have specific meanings. Generally, there are the following situations:

(1) The declassified information officially released in the bulletin by organs and other organizations at all levels according to the authority prescribed by national laws;

(two) the declassified information officially released by the statistical departments at all levels of the country or the relevant departments entrusted by the government at the same level;

(3) The declassified information published in the news announcement issued by news organizations authorized by the state;

(4) The declassified information published in speeches and proclamations authorized by party and state leaders or heads and spokespersons of other departments.

34. Are all cadre files state secrets?

A: Generally speaking, cadre files are not state secrets, but there is no need to make them public. Whether the contents of archives can be known to others should be handled in accordance with the regulations on personnel archives management. Personal personnel files involve state secrets and need to be kept confidential. For example, the files of people who have engaged in secret intelligence work, the files of party and state leaders, and the files of cadres managed by the Central Committee and the State Council (the part that should not be made public) are all state secrets.

35. Why is it the duty of every citizen to keep state secrets?

A: It is the duty of every citizen to keep state secrets, which is clearly stipulated in the Constitution and the Secrecy Law. Article 53 of the Constitution stipulates: "The people of China and the citizens of China must abide by the Constitution and laws and keep state secrets ..." Article 54 of the Constitution also stipulates: "The people of China and the citizens of China have the obligation to safeguard the security, honor and interests of the motherland and shall not do anything that harms the security, honor and interests of the motherland." Article 3 of the Secrecy Law stipulates: "All state organs, armed forces, political parties, social organizations, enterprises and institutions and citizens have the obligation to keep state secrets." That is to say, all citizens in People's Republic of China (PRC), according to the provisions of the Constitution and laws of our country, must bear the obligations of citizens while enjoying their civil rights. Keeping state secrets is related to national security and interests, social stability and the smooth progress of reform, opening up and economic construction. Therefore, it is the duty of every citizen to keep state secrets.

36. Who are the subjects who should keep state secrets according to law?

A: All state organs, armed forces, political parties, social organizations, enterprises, institutions and citizens have the obligation to keep state secrets.

37. How to label and manage the secret carrier formed by extracting and quoting state secrets?

A: The secret carriers formed by extracting and quoting state secrets shall be identified and managed according to the highest confidentiality level and the longest confidentiality period.

38. Which two forms should be used to indicate the classification and duration of confidential documents in writing?

A: First of all, indicate the classification and confidentiality period in the upper left corner of the cover (or home page). Second, indicate the classification and duration of confidentiality behind or below the titles of maps and drawings.

39. What are the basic requirements for the confidentiality of leading cadres at all levels?

A: (1) Don't disclose the party and state secrets you know;

(two) do not read and handle secret documents and materials in places without confidentiality guarantee;

(three) shall not use the telecommunications transmission party and state secrets without confidentiality guarantee;

(4) Don't talk about party and state secrets in front of family, relatives, acquaintances and other irrelevant personnel;

(five) private letters and published articles and works that do not involve party and state secrets;

(6) Do not carry secret documents and materials in social activities. If it is really necessary to carry it because of work needs, it shall be kept strictly by myself or designated personnel;

(seven) shall not carry secret documents and materials in foreign affairs activities such as visits and inspections abroad, and shall take strict precautions if it is really necessary to carry them because of work needs;

(8) Don't talk about secrets involving the party and the state when interviewed by reporters, unless approved;

(9) Failing to keep the documents and materials read without permission, and failing to clear and file them in time as required;

(10) Without authorization, secret documents and materials shall not be copied or destroyed.

40. What is the key point of cracking down on the crime of leaking secrets?

A: My internal personnel are criminals who steal, spy, buy and illegally provide state secrets from overseas institutions, organizations and personnel.

4 1. What are the main reasons for leaking state secrets?

A: The main reasons for revealing state secrets are as follows:

(1) There are laws that are not followed, rules that are not followed, paralyzed thoughts, and weak sense of confidentiality;

(2) Lack of common sense of confidentiality and negligence in leaking secrets;

(3) The safety management measures are not strict and there are hidden dangers of leaking secrets;

(4) The technology of safety precaution and safety inspection is backward;

(5) Failing to investigate and deal with the leak.

42. What are the main measures to prevent the disclosure of state secrets?

A: (1) Arrest and review the secret-related personnel. The staff who enter confidential positions should be strictly checked, strictly examined as required, and regularly educated and inspected;

(2) Pay attention to confidentiality education. Confidentiality education should focus on the key points, and on the basis of extensive publicity and education on confidentiality, focus on the confidentiality education of secret-related personnel;

(3) Pay attention to supervision and management. Strengthen the supervision and management of secret-related personnel who undertake, use and manage state secrets, clarify the rights and obligations of confidentiality, and make secret-related personnel strictly abide by confidentiality laws and regulations, standardize their work, and prevent leaks;

(4) Grasp disciplinary action. Those who violate confidentiality regulations and cause leaks should be dealt with severely according to discipline and law. Seriously investigating leakers and their responsible persons can educate themselves and warn others, which is also an important measure to prevent the disclosure of state secrets.

43. What are the main forms and methods of confidentiality inspection?

A: Special, outstanding, predictable, written and technical.

44. What are the main aspects of the business work of the security department?

A: First, publicity and education; The second is the construction of the legal system; The third is administrative management; The fourth is the investigation and handling of leaks; Fifth, technical management; Sixth, policy research and theoretical construction.

45. Which departments (units) should be identified as confidential key parts?

A: First, state secrets above the confidential level are often generated or involved in business work; Second, departments (parts) that specialize in the production, transmission and management of state secret documents, materials and archives; Third, the equipment (computer, fax machine, cipher machine) specially managing the transmission, storage and processing of state secrets; The fourth is the department (part) responsible for the production, storage, storage and transportation of products belonging to state secrets.

46. What are the responsibilities of full-time and part-time security inspectors in various organs and units?

Answer: (1) Carry out the principles, policies, laws, regulations, instructions and decisions of the Party and the state on confidentiality;

(two) according to the national secrecy laws and regulations, formulate measures and rules and regulations for the implementation of the secrecy work of this organ and this unit, and organize and supervise the implementation after approval;

(3) to determine, change and decrypt the classification of state secret documents, materials and other articles produced by the organs and units according to law, and submit them for trial;

(four) the organization of the organs and units in charge of foreign cooperation, communication, publicity and other confidential matters of the confidentiality review, and actively coordinate and cooperate with other organs and units involved in confidential matters;

(five) to supervise and inspect the production, use, transmission, copying, archiving and destruction of state secret documents, materials and other articles of organs and units, and correct them in time when problems are found;

(six) responsible for tracking down the leaks of government agencies and units, and report to the superior security department. Measures should be taken in time for major leaks, and the person responsible for leaks has the right to put forward handling opinions;

(seven) to organize the publicity, education and professional training of secret cadres of organs, units and their subordinate units, and specifically undertake the subscription of secret business materials, books, periodicals and audio-visual products;

(eight) to organize, coordinate and cooperate with the relevant departments to implement the security work in the communication and office automation of their own organs and units, popularize the application of security technology and equipment, and strengthen the technical prevention of key parts;

(nine) to undertake confidential meetings of organs and units; Draft the confidential work plan, summarize and ask for instructions; Report to the superior regularly, and ask for instructions and report on important issues in time;

(10) to carry out investigation and study, sum up exchange experience, and have the right to make suggestions on the selection of advanced collectives and individuals in safety work of this organ and this unit;

(1 1) Complete other confidential work assigned by superior leaders.

47. What should foreigners pay attention to when using foreign communication equipment?

A: When overseas personnel use foreign communication equipment to communicate with domestic or overseas institutions, they must not involve state secrets.

48. Are citizens' report materials state secrets?

It depends on the specific situation. Some are state secrets, others are not. If the contents of the report involve state secrets, or report or accuse party and state leaders or provincial and ministerial party and government leading bodies of illegal issues, or major issues in provincial and ministerial party and government leading cadres or city (prefecture) level party and government leading bodies, or important issues in prefecture (city) level party and government leading cadres or county-level party and government leading bodies, it can be determined as state secrets. Once the above-mentioned report materials are leaked, it will seriously hinder the investigation of such major cases of violation of discipline and law, and may even lead to serious consequences such as violation of discipline, escape, beating, suicide, collusion, destruction of evidence, concealment or threat to the personal safety of informants.

49. What's the difference between patent and confidentiality?

A: (1) Patent disclosure. When applying for a patent, the technical content must be explained in detail in the application form and submitted to Patent examiners for examination. When a patent is approved, it shall be published in the patent announcement, and the technical content shall be published in detail. Therefore, the biggest feature of patent is publicity, which is the most fundamental difference from confidentiality;

(2) The angle of legal protection is different. The patent law protects the inventor's intellectual property rights and private rights, while the state secrets protected by law are public rights. Infringement of intellectual property rights or violation of state secrecy system will be punished by law. This is because the law protects them from different angles;

(3) Patent projects are easy to communicate, popularize and apply. The Patent Law stipulates that if an approved patent is not used by himself (or unit) within a certain period of time, it should be popularized and applied in production by compulsory means and enforced. However, scientific and technological secret projects shall not be forced to be promoted during the confidentiality period. If it is necessary to promote and expand the scope of knowledge, it must be approved by legal procedures to expand the scope of knowledge, and the scope of promotion and application cannot be expanded casually.

50. How to apply for a patent for an invention-creation that involves national security or major economic interests and needs to be kept confidential?

A: For inventions and creations involving national security or major economic interests that need to be kept confidential, you must apply for a confidential patent in accordance with the provisions of the Patent Law of People's Republic of China (PRC), and you may not file a patent application with foreign countries or other regions outside China.