On The Crime Of Commercial Secrets Infringement

Commercial secrets has been existing from ancient. Using criminal laws to protect it really not only guarded the benefit of the owners, but also maintained the orderly and fair market competition. This is a new proposition that the history invested modern criminal legislation and criminal justice work.Basing on the Article 219 of Criminal Law of P.R.C. and combining with other relevant legislation, this thesis made a detailed discussion on the construction of the crime of commercial secrets infringement, meanwhile, this thesis identified guilty or not-guilty of the crime and made the comparisons between the crime of commercial secrets infringement and other similar commercial crime .In the process of the study the writer found that, for the crime of commercial secret in our criminal law for only several years, the study of it still remains in its initial phase, using criminal means to protect commercial secrets still exist many gaps and ambiguities, which leaded to difficult operation in judicial practice and sometimes even leaded to the inconsistent findings on the same question. Therefore, through the analysis of how the other countries and regions of the world to use criminal means to protect the commercial secrets , on the aspect of the designation, the structure, the mode of accusation and the punishment ,the writer found that the crime of commercial secrets infringement in our crime law is not perfect yet , then the writer put forward some relative suggestions on the legislation of it, and wish to give some help to resolve these issues. At present, China has become a member of WTO, we should adapt to the tendency of...