Crime Of Infringing Trade Secret Study

With the development of global economics, competition of business benefit leads to the contention of trade secrets, according to the statistic from Newsweek of U.S in 1992, because of economic (business) secrets' leakage, annual economic loss is over several billion US Dollars. Many countries give severe legal evaluation to actions through which use wrongful means to obtain trade secrets, they also legislate and promulgate laws to actualize punishment. China firstly refers to the term-trade secret-in the sixty-sixth and the one hundred and twentieth articles of Civil Procedural Law of People's Republic of China(1991), the anti-monopoly law, passed in 1993 enacts laws related to trade secrets. Now crime of infringing trade secret has been passed in the newly revised Criminal Law. All of these reflect that nowadays infringing of trade secrets ha become grave. Civil compensation and administrative punishment are not powerful enough to prevent infringing trade secrets in collectivization and internationalization. Further more, the crime brings more harm to our national economic construction. As the foundation of superstructure and other social affairs, the safety and maintenance of economic will be helpful to the development of our society. Criminal formulation will give trade secrets deeper and more extensive protection. Trade secrets is related to many laws, not only criminal formulation, but also other laws' regulation. The author will analyze the criminal forms of infringing trade secret, use foreign criminal measures for reference, and discuss some.The dissertation includes four parts, firstly clarifies the concept of trade secret, from legal provision to its own character, from its status quo to legislation barriers, from the principles and signification of its criminal protection. The second part mainly analyzes the criminal forms of infringing trade secret crime, which is legislated as article 219 in Criminal Law, and gives some analysis in jurisprudence, including its shortcoming. The third part focuses on discussing the difference between guilty and non-guilty, and so on. Finally the author summarizes some measures on how to protect trade secrets in different fields.