| Business secrets are kind of nomaterial assets . They can bring about economic benefits to the obligee. Along with the development of market economy, business secrets gradually become the "killer" in the competition. At the same time keeping secrets and anti-keeping secrets are more complicated . In face of the phenomena , we always use civil law, economic law or administrative law to adjust previously . But those measures are so poor now. In order to adapt the development of our country 's socialist market economy , the new criminal law put in force on 1st Oct ,1997 . The new law adds an article "crime of infringing on business secrets" . The article plays an important role in maintaining the equal competition system and protecting the business secrets obligee's rights . This thesis is designed to discuss four questions: the constitution of the crime of infringing on business secrets, distinguishment of crime from none crime , distinguishment of crime from other crimes, the concurrence of the crime of infringing onbusiness secrets.The object of the crime of infringing on business secrets : The object of this crime is complicated object, including the legal rights and interests of the obligee and the system of management of the country.In this part ,we also talk about the concept of business secrets. On 1993 , our country brought into effect a new law "law of the People's Republic of China on Anti-Unfair Competition ", this law gives us a definition of business secrets for the first time. "Business secrets " refers to technology information or trade information which is unknown to the public, can bring about economic benefits to obligee, is of practical use and with regard to which the obligee has adopted secret-keeping measures. However, it has not regulate the meaning of technology information or trade information particularly.The objective aspects of the crime of infringing on business secrets : Obtaining an obligee's business secrets by stealing , luring .coercion or any other illegitimate means. Disclosing , using or allowing another to use the business secrets obtained from the obligee by the means mentioned in the preceding paragraph . If study the first act isolatedly, we can not find any problems. But when we study the first act and the second act together, we will find some questions. Firstly, do the second act include the first act ? Secondly, can the act that only obtaining but not using the business secrets exist in our life ? Finally, if this act can exist in theory ,well then, It is so absurd that the different ads take the same criminal responsibility, in violation of the agreement on or against the boligee's demand for keeping business secrets, disclosing, using or allowing another person to use the business secrets he has. Essentially, this behavior is a kind of breaking the contract or promise . whoever obtains , uses or discloses another's business secrets , which he clearly knows or ought to know fells under the categories or the acts listed in the preceding paragraph, shall be deemed an offender who infringes on business secrets.The subject of the crime of infringing on business secrets : The subject of the infringing on business secrets crime is common subject All that possessing criminal responsibility and achieving criminal age can become the subject of crime of infringing on business secrets. In addition, the infringing on business secrets crime can be committed by a unit. So, the unit can become the subject of this crime.In practice, the subject of the crime often includes the competitor of the obligee and the employees in the company.The subjective aspect of the infringing on business secrets crime: The thesis considers only intend can compose the crime, and negligence can not compose the crime.Distinguishment of crime from other crimes: The difference between the crime of infringing on business secrets and the crime of intionally or negligently divulging states secrets .The object, the objective aspects and the subject of the two crimes are Afferent. The diffe...
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