The current criminal law stipulates the following sentencing standards for the crime of illegally holding state top secret information:
 Whoever unlawfully holds the most confidential information of the State and refuses to explain its source and purpose shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
 If this crime is constituted, the following constitutive requirements shall be met:
 1. The object of this crime is the state's secret keeping system. The object of this crime is only limited to the items that belong to the state top secret level and confidential level.
 2. The objective aspect of this crime is the act of unlawfully holding documents and materials or other articles that belong to top secret and confidential of the state, and refusing to explain the source and purpose.
 3. The subject of this crime is a natural person who has reached the age of 16 and is capable of criminal responsibility, including Chinese citizens, foreigners and stateless persons.
 4. The subjective aspect of the perpetrator of this crime is direct intention.
 [Legal Basis]
 Article 282 of the Criminal Law stipulates that anyone who illegally obtains state secrets by stealing, spying or buying them shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
 Whoever unlawfully holds documents, materials or other articles that are top secret or confidential of the State and refuses to explain their sources and purposes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.