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我国现行刑法中在渎职犯罪一章中规定了泄露国家秘密罪,即刑法第三百九十八条规定:“国家机关工作人员违反保守国家保密法的规定,故意或者过失泄露国家秘密,情节严重的,处三年以下有期徒刑或者拘役;情节特别严重的,处三年以上七年以下有期徒刑。”之后出台的司法解释又对该罪名进行了细化,应当说该罪名的相关构成和规定在不断完善中,但仍有一些瑕疵需要做进一步的完善。
In our current criminal law, the chapter on dereliction of duty stipulates the crime of divulging State secrets, that is, Article 398 of the Criminal Law stipulates: “Anyone who acts in violation of the provisions of the Confidentiality Law of the State in violation of State secrets law, divulges state secrets on purpose or fault, Serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. ”Judicial explanations issued after that date have elaborated on the charges and should be said that the relevant composition of the charges And regulations are constantly improving, but there are still some flaws need to be further improved.