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定密权包括保密范围规定权和国家秘密确定权,涉密机关、单位依法行使定密权以制定具体保密范围、确定国家秘密事项。定密权的合理配置和规范行使是确保定密准确的关键。我国保密法制对定密权的规定存在权力归属不明、权力内容缺乏限制等问题,应在现行《中华人民共和国保守国家秘密法》①[以下简称《保密法》(2010)]所新确立的定密责任人制度的基础上参照其他国家或地区定密制度的做法,对我国定密制度作出进一步的完善。
The right of confidentiality includes the right to determine the scope of confidentiality and the right to determine the state secrets. The relevant authorities and units exercise their right of confidentiality in accordance with the law to formulate a specific scope of confidentiality and determine the state secrets. The rational allocation of right of confidentiality and the exercise of standardization are the keys to ensure the accuracy of confidentiality. Our country’s confidentiality legal system has certain problems such as the unclear power attribution and the lack of restriction on the power of confidential rights, which should be established in the current “Confidentiality Law of the People’s Republic of China” (hereinafter referred to as “confidentiality law” (2010)] Based on the principle of “responsible person system”, referring to the practice of fixing the secret system in other countries or regions, further improving the system of making the secret in our country.