The Measures for the Investigation and Handling of Leaking Cases in People's Republic of China (PRC) is a special management measure for leaking state secrets. The main contents of this method include: the identification, handling, accountability, investigation and evidence collection of leaks. In the event of a leak, finding out the leak is the key. The Measures for the Investigation and Handling of Leaks stipulates the standards and procedures for determining leaks, and clarifies the basis for judging leaks and determining powers and responsibilities. Of course, in the process of identification, we should also respect the rights of the respondents and the prescribed procedures, strictly abide by legal procedures, and ensure the fairness of handling cases. For leaks, the Measures for the Investigation of Leaks stipulates different punishment measures, depending on the seriousness of the case. For serious leaks, criminal responsibility can be investigated; For general leaks, administrative punishment measures or management measures such as transferring from corresponding posts can be taken. In addition, acts such as participation, shielding and leaking secrets will also be investigated and dealt with accordingly.
If it is found to be a leak, is there any remedy? When it is found that it is a leak, the respondent can naturally respect legal procedures to lodge a complaint, apply for administrative reconsideration or bring an administrative lawsuit appropriately. In addition, according to the relevant judicial interpretation, after the disclosure of the appraisal, the respondent can also bring an administrative lawsuit to the people's court, requesting the cancellation of the disclosure of the appraisal decision. However, it should be noted that these relief channels need to be put forward within the statutory time limit and prove that the leak identification is wrong or illegal.
The Measures for the Investigation and Handling of Leaks in People's Republic of China (PRC) stipulates the identification, handling and accountability of leaks, which provides a legal guarantee for strengthening the protection of state secrets. In practice, it is necessary to strengthen legal publicity, investigation and evidence collection, legal disposal, protection of human rights and other links to ensure that leak cases are handled fairly, fairly and effectively.
Legal basis:
Article 48 of the Law of People's Republic of China (PRC) on Guarding State Secrets violates the provisions of this law and commits any of the following acts, and shall be punished according to law; Those who constitute a crime shall be investigated for criminal responsibility according to law: those who illegally acquire or hold state secret carriers; Buying, selling, transferring or destroying state secret carriers without permission; Transmitting the carrier of state secrets through ordinary postal service, express delivery and other channels without confidentiality measures; Without the approval of the relevant competent authorities, mailing or consigning state secret carriers out of the country, or carrying or passing state secret carriers out of the country; Illegally copying, recording or storing state secrets; Involving state secrets in private contacts and correspondence; Transmitting state secrets on public information networks such as the Internet or in wired or wireless communication without security measures; Connecting classified computers and classified storage devices to the Internet and other public information networks; Failing to take protective measures to exchange information between the classified information system and the Internet and other public information networks; Using unclassified computers or unclassified storage devices to store and process state secret information; Uninstalling or modifying the safety technical regulations and management regulations of classified information systems without authorization; Giving away, selling, discarding or using classified computers and classified storage devices that have not been processed by security technology for other purposes. If the acts mentioned in the preceding paragraph do not constitute a crime, the punishment shall not be applied, and the secrecy administrative department shall urge the organs and units to deal with them.