Study On Some Questions Of Criminal Protection Of Business Secret

In the market-oriented economy, with the development of science and technology as well as the intensification of market competition,business secrets are being carried more and more weight by enterprises. It is indicated by a survey that on top of the one thousand companies on the list of the magazine Fortune, the losses caused by violating business secrets reach as much as 4.5 billion dollars every year,with each company breaking out 2.45 times losses of more than 500 thousand dollars on average each year.As a result, the offence of infringing business secret is becoming a general ecomonic criminal phenomena in nowadays, and various countries around the world are strengthening the legal protection of the business secret,especially protection using the criminal law. In 1997, the clause about infringement of business secret was added in the Criminal Law for the first time in China.Seen from our country's present legislation situation, a legal-protection circimistance has been established,in which the property law protects the business secret mainly while the criminal law does supportedly. Because the criminal legislation in our country only has a frame to the protection of the business secret , theories of criminal law and judicial practice are often confronted with disputes over the offenses of business secrets and a large number of concrete problems still exist, such as the definition of the case,the affirmation of a business secret and acts of infringement of trade secret, as well as the determination of the"material losses", all of which need perfecting further .Based on the criminal method to protect business secrets, this thesis is designed to adopt the the method of demonstration .Starting from studying the present criminal law to trade secret protection combining to the judicial practice,the author analyses and discusses some of the main theories of criminal protection to business secrets,such as the affirmation of the business secret and the determination of the"material losses"and put forwards her own opinion .Besides some typical and representative criminal cases of the offence of infringing business secret are adopted to support the author's view in hope of in hope of guiding judicial practice. This article consists of three parts. The first part is a general introduction of the criminal protection to business secrets in our country.Based on summarizing and analyzing the the present situation and the characters of criminal cases of infringing business secret,this paper discusses and introduces the importance and the main theories of criminal protection to business secrets. The second part analyses some of the main theories including the affirmation of the business secret and the determination of serious damages and grievous consequences and put forward her own view .In the last part , the author talks about the defects of the crime of infringing business secrets and makes her suggestions on how to improve it.